The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in effect a double claim. Held: In order to avoid double recovery there had … Continue reading Lim Poh Choo v Camden and Islington Area Health Authority: HL 21 Jun 1979

To decide the reasonableness of private medical and related expenses, regard must be had to section 2(4) [of the 1948 Act], which entails: ‘if, on the balance of probabilities, a plaintiff is going to use private medicine in the future as a matter of choice, the defendant cannot contend that the claim should be disallowed … Continue reading Woodrup v Nicol: CA 1993

The plaintiff was not to be prevented from recovering the costs of private medical treatment.It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration … Continue reading Harris v Brights Asphalt Contractors Ltd: QBD 1953

The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay his full salary for a long time, and then … Continue reading Cunningham v Harrison: CA 17 May 1973