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The likely date of trial was seven years from the accident.
It is agreed that in arriving at a figure appropriate to be rewarded for the care given by the plaintiffs to the date of trial.
In practice, if the application succeeds special damages up to the anticipated date of trial will certainly be awarded.
No interest at all, as the plaintiff has not suffered the loss by the date of trial and accordingly been kept out of his money.
At the first date of trial, the US DoJ decided not to pursue the JM obscenity case any further, leaving the matter without resolution.
In a big case (perhaps three, four or even five years old) the rates may have increased very substantially between the issue of the writ and the date of trial; and that makes an enormous difference to quantum.
This aspect is something that has increased in importance with the rise of inflation because there are very few cases where the deceased would not have been earning more by the date of trial than he was earning at the date of his death.
"We haven't been served an official notice about the date of trial," Mr. Alani told The A.P. "It was only a statement made by an Iraqi government official to the media, which absolutely has no value in the law."
Mr. Frankel questioned whether the city's intention was to keep protest leaders "in detention until their date of trial" sometime after the Democratic National Convention's opening on Aug. 14, rather than serving bail's basic purpose of guaranteeing a defendant's appearance for trial.
This is a convenient practice as it avoids the need, for example, for speculation as to how the injured person's condition will develop from the time of the initial injury or for speculation as to what his financial loss up to the date of trial at least will be.
Such interest, like the damages on which it is to be given, is to be calculated in the money of the day at the date of trial, the real value of which has been depreciated by the full amount of the inflation that has taken place since the date of service of the writ [Emphasis added].
However, if, by the date of trial, it can be shown that the deceased's income would have risen since his death, then the dependency will be calculated by reference to what he would have been earning at the date of trial, rather than what he in fact was earning at the date of his death.