The court considered the difficulty of quantifying damages in cases involving multiple injuries.
Kennedy LJ said: ‘Help is to be obtained from any source where it happens to be available. To a limited extent, in a case where there are multiple injuries, the figures in the Judicial Studies Board table can help but I accept Mr Murphy’s criticism of them that, where one has a multiplicity of injuries, it is necessary to take an overall view. The off setting process may mean it is not possible to derive a great deal of benefit from that particular source. One then looks to see if anything can be gained from looking at a comparable award, if one is to be found, in another case. Even that may not prove to be a particularly fruitful source of enquiry. It may be necessary, if it be possible, to select what may be the most serious head of injury to see if a comparable award can be found in relation to that and, if so, build on it to allow for the other heads of injury which have been sustained by the plaintiff in the instant case.’
Judges:
Kennedy LJ
Citations:
[1996] PIQR Q18
Jurisdiction:
England and Wales
Cited by:
Cited – Clarke v South Yorkshire Transport Ltd CA 19-Mar-1998
. .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 27 October 2022; Ref: scu.235352