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 court to reject any precise method of approach. The court should avoid a strait-jacket, such as might happen if it was said that the a proper recompense for services provided gratuitously by a family carer had to be assessed in a particular way or ways. Circumstances vary enormously. If a caring relative has given up employment to care for the claimant gratuitously, it might be appropriate to assess the proper recompense for the services provided by reference to the carer’s lost earnings. If the carer has not given up gainful employment the task remains to assess proper recompense for the services provided.
Judges:
Judge Prosser, May LJ
Citations:
[2001] EWCA Civ 1657, [2002] PIQR Q5
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Willbye (By Her Mother and Next Friend) v Gibbons CA 19-Mar-2003
Both parties appealed against the lower court’s orders. The claimant, a child was injured by a car driven by the defendant, who had been found 25% responsible. The claimant had suffered head injuries, and subsequently epilepsy.
Held: The award . .
Cited – Giambrone and others v JMC Holidays Ltd (Formerly Sunworld Holidays Ltd) QBD 20-Dec-2002
. .
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 June 2022; Ref: scu.166823
