The court set out the legal principles applying when making a Periodical Payments Order in an award of damages for serious personal injury. The periodical payments payable to the claimant in respect of his care costs should be calculated by reference to the actual cost of care, as set out in the Annual Survey of Hours and Earnings (‘ASHE’), rather than the RPI.
Waller LJ VP, Buxton, Smith LJJ
[2008] EWCA Civ 5, [2008] LS Law Medical 282, [2008] 1 WLR 2207, [2008] PIQR Q2, [2008] 2 All ER 553, (2008) 100 BMLR 113
Bailii
Damages Act 1996 2
England and Wales
Citing:
Appeal from – Thompstone v Tameside and Glossop Acute Services NHS Trust QBD 23-Nov-2006
. .
Cited by:
Cited – Preston v City Electrical Factors Ltd and Another QBD 13-Nov-2009
The claimant had received andpound;100,000 in interim payments on his personal injury claim, and now sought a further similar sum.
Held: The claim was thought substantial, but the defendants said that any final award would include an . .
Cited – Dunhill v Burgin SC 12-Mar-2014
Lack of Capacity – Effect on Proceedings
The Court was asked ‘First, what is the test for deciding whether a person lacks the mental capacity to conduct legal proceedings on her own behalf (in which case the Civil Procedure Rules require that she has a litigation friend to conduct the . .
Lists of cited by and citing cases may be incomplete.
Updated: 04 August 2021; Ref: scu.263771