The court referred to the judgment in Francis -v- Bostock: ‘That judgment of Russell J., as he then was, has been followed in other cases and it is with some trepidation that I decided not to follow it here, for the following reasons. First, in a case like this, which is one where any wise plaintiff without financial or investment expertise would be bound to require skilled advice on the management of his fund, I can see no difference, in principle, between an expense which is necessary under the Rules of the Supreme Court or pursuant to the direction of the judge on the one hand, and an expense which is enforced by circumstance, or which will probably be enforced by circumstance, save that the Court of Protection fees are bound to be judged as reasonable expenses, whereas other management fees may or may not be judged to be reasonable, in all the circumstances. Secondly, if the plaintiff has, in commonsense and good judgment, to spend management fees to use his fund to provide true compensation, that seems to me to be part of the economic loss which the Court is enabling him to recover. Put another way, if he does not take such management advice, at a cost to him, the reality is that the award will not compensate him as the Court intends it to do my making its award of damages.’
Judges:
Rodger Bell QC
Citations:
[1993] PIQR Q87
Jurisdiction:
England and Wales
Citing:
Not Followed – Francis v Bostock 8-Nov-1985
The court considered the question of whether the court should award the additional costs of receiving investment advice to deal with an award of damages: ‘The award I make is compensatory. The whole object of the exercise upon which I have embarked . .
Cited by:
Cited – Eagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 16 May 2022; Ref: scu.200636