Pinnington v Crossleigh Construction [2003] EWCA Civ 1684 (03 November 2003)

Pinnington v Crossleigh Construction [2003] EWCA Civ 1684 (03 November 2003)

The trial judge's awards for general damages, accommodation, and prosthesis costs were within the reasonable discretion of the court based on the evidence, and there was no basis for appellate interference. The finding of no measurable chance of future employment was supported by the evidence and expert opinion.

Citation
[2003] EWCA Civ 1684
Parties
Claimant/respondent: David Pinnington; Defendant/appellant: Crossleigh Construction
Jurisdiction
England and Wales
Judgment Date
03 November 2003
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment on Appeal From High Court
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, General Damages, Future Loss of Earnings, Accommodation Costs, Prosthesis Costs
Personal Injury Tort Law Assessment of Damages General Damages Future Loss of Earnings Accommodation Costs Prosthesis Costs

Case Brief

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Parties

David Pinnington

Claimant/respondent

Crossleigh Construction

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment on Appeal From High Court

Legal Issues

  1. 1 Whether the award for general damages for pain, suffering and loss of amenity was excessive
  2. 2 Whether the judge erred in making no award for residual earning capacity
  3. 3 Whether the award for accommodation costs was excessive or unreasonable

Ratio Decidendi

The trial judge's awards for general damages, accommodation, and prosthesis costs were within the reasonable discretion of the court based on the evidence, and there was no basis for appellate interference. The finding of no measurable chance of future employment was supported by the evidence and expert opinion.

Court Disposition

Appeal dismissed

Orders

  • Appellant awarded costs on the standard basis up to 21 days after the Part 36 offer (26 June); thereafter, respondents awarded costs on an indemnity basis.