Loughlin v Singh & Ors [2014] EWHC 934 (QB) (26 March 2014)

Loughlin v Singh & Ors [2014] EWHC 934 (QB) (26 March 2014)

The quantum for future care and case management must reflect a staggered reduction over four years, with a fair annual sum of £65,000 for the first four years and £38,000 for care plus £7,800 for case management thereafter. Interest on damages is awarded at 2% (general damages) and 0.25% (past losses) under section 35A until 16 September 2013, and at 8% under section 17 from 14 days after that date on crystallised sums.

Citation
[2014] EWHC 934 (QB)
Parties
Claimant: Kristopher Loughlin (by his mother and litigation friend, Barbara Anne Kennedy, formerly known as Loughlin); First Defendant: Kenneth Dal Singh; Second Defendant: Pama & Co Limited; Third Defendant: Churchill Insurance Company
Jurisdiction
England and Wales
Judgment Date
26 March 2014
Procedural Posture
Personal Injury Damages Assessment / Post Trial Quantum Determination
Outcome
Judgment for the claimant against the Second Defendant.
Legal Topics
Assessment of Damages, Future Care Costs, Interest on Damages
Personal Injury Civil Procedure Assessment of Damages Future Care Costs Interest on Damages

Case Brief

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Parties

Kristopher Loughlin (by his mother and litigation friend, Barbara Anne Kennedy, formerly known as Loughlin)

Claimant

Kenneth Dal Singh

First Defendant

Pama & Co Limited

Second Defendant

Churchill Insurance Company

Third Defendant

Procedural Posture

Personal Injury Damages Assessment / Post Trial Quantum Determination

Legal Issues

  1. 1 Appropriate quantum for future care and case management costs for the claimant
  2. 2 Appropriate rate and period for interest on damages

Ratio Decidendi

The quantum for future care and case management must reflect a staggered reduction over four years, with a fair annual sum of £65,000 for the first four years and £38,000 for care plus £7,800 for case management thereafter. Interest on damages is awarded at 2% (general damages) and 0.25% (past losses) under section 35A until 16 September 2013, and at 8% under section 17 from 14 days after that date on crystallised sums.

Court Disposition

Judgment for the claimant against the Second Defendant.

Orders

  • Annual sum of £65,000 for care and case management for first four years from 19 June 2013.
  • Annual sum of £38,000 for care and £7,800 for case management after first four years.