12. Remedies and Costs

Civil Trials Bench Book


Under state apportionment legislation, a court may reduce an award of damages in certain claims to the extent that the plaintiff was at fault, [59] but only where the defence of contributory negligence would have been a complete defence at common law. Any award must be proportionate and avoid the appearance of arbitrariness. Another issue that has been dealt with on several occasions is the manner in which damages as a proportion of the maximum are to be assessed. The provision applies where the worker takes or is entitled to take proceedings against both the third person and the employer: Tobias AJA rejected the argument, as without legal basis, that the court must be satisfied that the amount awarded would actually be spent.

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The American Journal of Clinical Nutrition in 2004 published a systematic review of meta-analyses and clinical trials on dietary supplements for weight loss by complementary medicine researchers at the Universities of Exeter and Plymouth. None of the over-the-counter weight loss aids worked, including garcinia cambogia. Late in 2010 the peer-reviewed Journal of Obesity published a meta-analysis of studies testing the garcinia as a weight loss aid.

Of the 23 trials they identified, 12 were methodologically sound enough to include in their analysis.