Cooke v United Bristol Health Care [2003] EWCA Civ 1370 (16 October 2003)

Cooke v United Bristol Health Care [2003] EWCA Civ 1370 (16 October 2003)

Admitting evidence to adjust the multiplicand for sector-specific inflation would subvert the statutory discount rate, which is intended to be the sole means of accounting for future inflation in personal injury damages; such an approach is impermissible unless the case falls within the narrow exception of s.1(2) of the Damages Act 1996, which these cases do not.

Citation
[2003] EWCA Civ 1370
Parties
1st Appellant: Cooke; 1st Respondent: United Bristol Health Care; 2nd Appellant: Sheppard; 2nd Respondent: Stibbe & anr; 3rd Appellant: Page; 3rd Respondent: Lee
Jurisdiction
England and Wales
Judgment Date
16 October 2003
Procedural Posture
Appeal / Court of Appeal (civil Division) Judgment on Appeal From Queen's Bench Division
Outcome
Appeals dismissed
Legal Topics
Assessment of Damages, Future Loss Calculation, Discount Rate, Damages Act 1996, Admissibility of Expert Evidence
Personal Injury Damages Assessment of Damages Future Loss Calculation Discount Rate Damages Act 1996 Admissibility of Expert Evidence

Case Brief

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Parties

Cooke

1st Appellant

United Bristol Health Care

1st Respondent

Sheppard

2nd Appellant

Stibbe & anr

2nd Respondent

Page

3rd Appellant

Lee

3rd Respondent

Procedural Posture

Appeal / Court of Appeal (civil Division) Judgment on Appeal From Queen's Bench Division

Legal Issues

  1. 1 Whether evidence of care cost inflation above RPI can be admitted in personal injury damages assessment given the statutory discount rate
  2. 2 Whether the Lord Chancellor's discount rate under the Damages Act 1996 can be circumvented by adjusting the multiplicand for sector-specific inflation
  3. 3 Whether any of the cases qualify for an exception under s.1(2) of the Damages Act 1996

Ratio Decidendi

Admitting evidence to adjust the multiplicand for sector-specific inflation would subvert the statutory discount rate, which is intended to be the sole means of accounting for future inflation in personal injury damages; such an approach is impermissible unless the case falls within the narrow exception of s.1(2) of the Damages Act 1996, which these cases do not.

Court Disposition

Appeals dismissed

Orders

  • Orders of the lower courts refusing admission of Mr Hogg's evidence are affirmed.