(St. Lucia) The plaintiff claimed damages for personal injuries. The defendant wished to allege that she had failed to mitigate her damages by accepting medical treatment.
Held: If the plaintiff refused treatment, it was for the defendant to show that the refusal was unreasonable. A defendant wishing to make such an assertion must give proper notice of that intention either in the pleadings, or in correspondence.
Judges:
Bingham, Steyn, Hobhouse, Millett, Scott LL
Citations:
Times 16-Oct-2002, [2002] UKPC 48
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Selvanayagam v University of the West Indies PC 14-Feb-1983
(Trinidad and Tobago) Having claimed damages for a personal injury, the plaintiff refused a curative operation. As a diabetic he said he faced additional risks.
Held: A plaintiff who rejects medical advice to undergo treatment must discharge a . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 12 April 2022; Ref: scu.177448