Pinnington v Crossleigh Construction

Pinnington v Crossleigh Construction

The trial judge's awards for pain and suffering, accommodation, and prostheses were within the reasonable range based on the evidence and applicable legal principles; there was no measurable chance of future employment for the claimant; the appellate court should not interfere with the trial judge's assessment of quantum unless it is manifestly excessive or wrong in principle.

Parties
Claimant/respondent: David Pinnington; Defendant/appellant: Crossleigh Construction
Jurisdiction
England and Wales
Judgment Date
03 November 2003
Procedural Posture
Civil Appeal (personal Injury) / Appeal From High Court Judgment on Quantum
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Future Loss of Earnings, Accommodation Costs, Prosthetic Provision, Pain and Suffering
Tort Law Personal Injury Assessment of Damages Future Loss of Earnings Accommodation Costs Prosthetic Provision Pain and Suffering

Case Brief

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Parties

David Pinnington

Claimant/respondent

Crossleigh Construction

Defendant/appellant

Procedural Posture

Civil Appeal (personal Injury) / Appeal From High Court Judgment on Quantum

Legal Issues

  1. 1 Whether the general damages award 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 justified

Ratio Decidendi

The trial judge's awards for pain and suffering, accommodation, and prostheses were within the reasonable range based on the evidence and applicable legal principles; there was no measurable chance of future employment for the claimant; the appellate court should not interfere with the trial judge's assessment of quantum unless it is manifestly excessive or wrong in principle.

Court Disposition

Appeal dismissed

Orders

  • The trial judge's awards are upheld.
  • Appellant awarded costs on the standard basis up to 21 days after the Part 36 offer (26 June); respondent awarded costs on an indemnity basis thereafter.