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 then to four hours a day during the next two months up to the time his cancer was diagnosed. For the next six months the claim was elevated to what in essence represented ten hours’ services each day. For the last three months a claim was made for 14 hours’ services each day. Except for this final period, the claim was based on a rate of andpound;3 per hour. For the last three months the rate was andpound;3.25 per hour, the charging rates for carers who were not qualified nurses with caring skills, and the award of andpound;8,000 was based on two-thirds of the full commercial rate for such services, without any extra allowances for agency charges.
Held: ‘there can be no justification in principle for differentiating between full-time care needing really a trained nurse and full-time care needing a carer giving love and affection to the patient, the dying person, to a degree far more than would be expected in any ordinary way of life. In principle it must be, in my judgment, a matter for an award only in recompense for care by the relative well beyond the ordinary call of duty for the special needs of the sufferer. ‘
Judges:
Dillon and Staughton LJJ, Neill LJ
Citations:
[1992] 1 PIQR Q130
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 . .
Cited by:
Cited – Giambrone and others v Sunworld Holidays Ltd CA 18-Feb-2004
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 . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 29 May 2022; Ref: scu.194258