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 of andpound;80,000 for pain suffering and loss of amenity was not so wrong as to allow interference by the Court (Housecroft). The court increased the award to take into account the need for extra assistance if the appellant has children, or if she finds herself living alone, or even wanting to go on holiday alone, when assessing her need for future care. She should also receive the costs of the receivership at the court of protection.
Judges:
Lord Justice Kennedy Mr Justice Scott Baker
Citations:
[2003] EWCA Civ 372
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 . .
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 – 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 . .
See Also – Willbye (By Her Mother and Next Friend) v Gibbons CA 16-Jul-1997
. .
Cited – Cassel v Riverside Health Authority 1994
A person who has been rendered a patient as a result of the actions of a tortfeasor is entitled to require the tortfeasor to bear the costs of the receiver as part of the damages and, as part of the damages, they cannot escape a discount for . .
Cited by:
See Also – Willbye (By Her Mother and Next Friend) v Gibbons CA 16-Jul-1997
. .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 29 May 2022; Ref: scu.179912