The claimant baby had suffered catastrophic injuries at birth in the defendant’s hospital. Liability having been admitted, the court now considered whether damages should be paid as a lump sum or by periodical payments.
Held: ‘ the form of award which best meets this Claimant’s needs in respect of the provision of future care is a lump sum award. For the reasons set out above I consider that it is most unlikely that periodical payments linked to RPI will meet the future care costs in this case. On the contrary, I consider that there is a very strong probability that divergence between RPI and the actual cost of the provision of care will result in a massive shortfall of provision. By contrast, I consider that there is, realistically, a good prospect of meeting actual care costs from the lump sum award. ‘
Judges:
Lloyd Jones J
Citations:
[2006] EWHC 2833 (Admin), (2007) 95 BMLR 240, [2007] LS Law Medical 303
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
Cited – Livingstone v Rawyards Coal Co HL 13-Feb-1880
Damages or removal of coal under land
User damages were awarded for the unauthorised removal of coal from beneath the appellant’s land, even though the site was too small for the appellant to have mined the coal himself. The appellant was also awarded damages for the damage done to the . .
Cited – Wells v Wells; Thomas v Brighton Health Authority; etc HL 16-Jul-1998
In each of three cases, the plaintiffs had suffered serious injury. They complained that the court had made a substantial reduction of their damages award for loss of future earnings and the costs of future care.
Held: The appeals succeeded. . .
Cited – Flora v Wakom (Heathrow) Ltd CA 28-Jul-2006
The claimant was severely injured and claimed for loss of future earnings and future care. The defendant admitted liability. In the statement of case for damages, the claimant contended that, if the court made an order for periodic payments, it . .
Lists of cited by and citing cases may be incomplete.
Professional Negligence, Personal Injury, Damages
Updated: 11 June 2022; Ref: scu.376257