Barry v Ablerex Construction (Midlands) Ltd [2001] EWCA Civ 433 (21 March 2001)

Barry v Ablerex Construction (Midlands) Ltd [2001] EWCA Civ 433 (21 March 2001)

The judge was bound by Wells v Wells and Warren to apply a 3% discount rate, not 2%; the assessment of care needs was justified by the evidence and should not be disturbed.

Citation
[2001] EWCA Civ 433
Parties
Claimant/respondent: James Peter Barry (acting by Margaret Holyhead as Litigation Friend); Defendant/appellant: Ablerex Construction (Midlands) Limited
Jurisdiction
England and Wales
Judgment Date
21 March 2001
Procedural Posture
Personal Injury Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal allowed in part
Legal Topics
Assessment of Damages, Discount Rate, Future Loss of Earnings, Cost of Care, Judicial Guidelines
Personal Injury Tort Law Assessment of Damages Discount Rate Future Loss of Earnings Cost of Care Judicial Guidelines

Case Brief

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Parties

James Peter Barry (acting by Margaret Holyhead as Litigation Friend)

Claimant/respondent

Ablerex Construction (Midlands) Limited

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether the judge erred in applying a 2% discount rate instead of 3% for future losses
  2. 2 Whether the assessment of the claimant's care needs (past and future) was excessive

Ratio Decidendi

The judge was bound by Wells v Wells and Warren to apply a 3% discount rate, not 2%; the assessment of care needs was justified by the evidence and should not be disturbed.

Court Disposition

Appeal allowed in part

Orders

  • Multiplier for future loss of earnings reduced from 18 to 16 years, reducing damages from £183,092.40 to £162,748
  • Multiplier for Headway costs reduced from 27 to 22 years, reducing damages from £94,910.40 to £77,334