Many holidaymakers had suffered gastro-enteritis and sued for compensation. They had sought a sum to reflect the value of gratuitous care.
Held: Save in more serious cases, awards for children suffering gastro-enteritis and cared for by their family should not exceed pounds 50.00. ‘This may well be a situation in which appropriate representatives of claimants and defendants, perhaps under the auspices of the Civil Justice Council, might usefully try to agree a guideline tariff for gastro-enteritis cases generally, depending on the severity of the illness.’ Care should be taken to avoid excess costs where possible.
Judges:
Lord Justice Brooke (Vice-President Of The Court Of Appeal (Civil Division) Lord Justice Mance And Mr Justice Park
Citations:
[2004] EWCA Civ 158, [2004] 2 All ER 891
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Housecroft v Burnett CA 22-May-1985
The appeal court should not interfere with an award under for pain, suffering and loss of amenity, unless it is manifestly too high or too low or it can be shown that the judge has erred in principle in relation to some element that goes to make up . .
Appeal from – Giambrone and others v JMC Holidays Ltd (Formerly Sunworld Holidays Ltd) QBD 20-Dec-2002
. .
Cited – Steven Robert Evans v Pontypridd Roofing Limited CA 9-Nov-2001
The claimant sought as part of his damages the cost of the care provided by family members. Counsel for the defendant raised issues about tax, national insurance and travel and other costs which a professional carer would have to bear, which led the . .
Cited – Hunt v Severs HL 7-Sep-1994
The tortfeasor, a member of the claimant’s family provided her with voluntary nursing care after the injury. The equivalent cost of that care, was recoverable, but would be held on trust for the carer. The underlying rationale of English Law is to . .
Cited – Mills v British Rail Engineering Ltd CA 1992
Defendants appealed an award of andpound;8,000 to the widow of a man who died of lung cancer, for her caring for him in his last months. She claimed two hours’ services each day for the first two months of his illness, increasing to three hours, and . .
Cited by:
Cited – Ross v Stonewood Securities Ltd ChD 7-Oct-2004
The claimant appealed an order reducing his award of costs. . .
Cited – A v The Archbishop of Birmingham QBD 30-Jun-2005
Assessment of damages following child abuse by Catholic priest.
Held: General damages of andpound;50,000 were in line with Coxon and were approved. A had not been shown to be, and is not, incapable of managing his affairs. The court differed . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 29 May 2022; Ref: scu.193624