To decide the reasonableness of private medical and related expenses, regard must be had to section 2(4) [of the 1948 Act], which entails: ‘if, on the balance of probabilities, a plaintiff is going to use private medicine in the future as a matter of choice, the defendant cannot contend that the claim should be disallowed because National Health Service facilities are available. On the other hand, if, on the balance of probabilities, private facilities are not going to be used, for whatever reason, the plaintiff is not entitled to claim for an expense which he is not going to incur.’
Judges:
Russell LJ
Citations:
[1993] PIQR Q104
Statutes:
Law Reform (Personal Injuries) Act 1948 2(4)
Jurisdiction:
England and Wales
Cited by:
Cited – Dixon v Were QBD 26-Oct-2004
The claimant and others were being driven by the defendant. All had drunk, and none wore seat belts. The claimant sought damages for his injuries. General damages were agreed, and the issue was as to loss of future earnings.
Held: The claimant . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 16 May 2022; Ref: scu.219086