Cunningham v Harrison: CA 17 May 1973

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 paid an annual grant ex gratia and promised to do so for life.
Held: The plaintiff could recover the costs of private medical care despite the availability of free assistance on the NHS. The employer’s ex gratia payments were not to be taken to reduce the damages.

Lord Denning MR, Orr, Lawton LJJ
[1973] QB 942
Law Reform (Personal Injuries) Act 1948 2(4)
England and Wales
AppliedBradburn v Great Western Rail Co CEC 1874
The plaintiff had received a sum of money from a private insurer to compensate him for lost income as a result of an accident caused by the negligence of the defendant.
Held: He was entitled to full damages as well as the payment from the . .
CitedHarris v Brights Asphalt Contractors Ltd QBD 1953
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 . .
ConsideredGeorge v Pinnock CA 1973
The court awarded pounds 19,000 for general damages for pain and suffering and loss of amenity for severe disablement. . .
CitedHaggar v de Placido 1972
andpound;13,500.00 was awarded for pain and suffering and loss of amenities for a case involving severe disablement. . .
CitedMitchell v Mulholland (No. 2) CA 1972
The plaintiff was severely injured, and recovered substantial damages. andpound;20,000 for pain and suffering and loss of amenity, and andpound;21,350 for nursing care. The court declined to adjust the award for anticipated inflation: ‘an award of . .
CitedParry v Cleaver HL 5-Feb-1969
PI Damages not Reduced for Own Pension
The plaintiff policeman was disabled by the negligence of the defendant and received a disablement pension. Part had been contributed by himself and part by his employer.
Held: The plaintiff’s appeal succeeded. Damages for personal injury were . .
CitedBrowning v War Office CA 1962
The plaintiff had been a technical sergeant in the United States Air Force; his pay had been $450 per month and after his injuries caused by the negligence of the defendants’ driver he received only a ‘veteran’s benefit’ of $217 per month
Cited by:
CitedEagle (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: 30 November 2021; Ref: scu.200632