Tate v Ryder Holdings Ltd & Anor [2014] EWHC 4256 (QB) (16 December 2014)

Tate v Ryder Holdings Ltd & Anor [2014] EWHC 4256 (QB) (16 December 2014)

The claimant's need for 24-hour care arises directly from organic brain injury, not from pre-existing social or familial factors. Damages for future care, loss of earnings, deputyship, and general damages are awarded, with appropriate discounts for risk of non-compliance and speculative contingencies.

Citation
[2014] EWHC 4256
Parties
Claimant: Paul Tate; Defendants: Ryder Holdings Limited and Another
Jurisdiction
England and Wales
Judgment Date
16 December 2014
Procedural Posture
Personal Injury / Judgment After Trial
Outcome
Claim allowed in part, damages awarded.
Legal Topics
Apportionment of Liability, Organic Personality Disorder, Future Care Costs, Loss of Earnings, Deputyship Costs, Pain and Suffering, Loss of Amenity
Personal Injury Mental Capacity Court of Protection Apportionment of Liability Organic Personality Disorder Future Care Costs Loss of Earnings Deputyship Costs +2 more

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Parties

Paul Tate

Claimant

Ryder Holdings Limited and Another

Defendants

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Classification of claimant's condition as organic personality disorder
  2. 2 Appropriate damages for future care
  3. 3 Assessment of loss of earnings

Ratio Decidendi

The claimant's need for 24-hour care arises directly from organic brain injury, not from pre-existing social or familial factors. Damages for future care, loss of earnings, deputyship, and general damages are awarded, with appropriate discounts for risk of non-compliance and speculative contingencies.

Court Disposition

Claim allowed in part, damages awarded.

Orders

  • Award of damages for future care at £170,000 per annum, discounted by 20% for non-compliance risk.
  • General damages for pain, suffering and loss of amenity at £140,000.