Owen v Brown [2002] EWCA Civ 1197 (29 July 2002)

Owen v Brown [2002] EWCA Civ 1197 (29 July 2002)

The judge was entitled to prefer Mrs Sargent's evidence on the level and cost of care, and to accept hourly rates as reasonable and appropriate for the claimant's needs, even in the absence of direct evidence from the care provider. The judge's analysis was careful and justified; there was no error warranting appellate intervention.

Citation
[2002] EWCA Civ 1197
Parties
Claimant/respondent: Mark Richard Owen; Defendant/applicant: Charles George Ross Brown
Jurisdiction
England and Wales
Judgment Date
29 July 2002
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Application refused
Legal Topics
Assessment of Damages, Nursing Care Costs, Expert Evidence
Personal Injury Tort Assessment of Damages Nursing Care Costs Expert Evidence

Case Brief

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Parties

Mark Richard Owen

Claimant/respondent

Charles George Ross Brown

Defendant/applicant

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the High Court judge erred in preferring one expert's evidence over another regarding nursing care costs
  2. 2 Whether the hourly rate for care was appropriate in the absence of direct evidence from the care provider

Ratio Decidendi

The judge was entitled to prefer Mrs Sargent's evidence on the level and cost of care, and to accept hourly rates as reasonable and appropriate for the claimant's needs, even in the absence of direct evidence from the care provider. The judge's analysis was careful and justified; there was no error warranting appellate intervention.

Court Disposition

Application refused

Orders

  • Application for permission to appeal refused