Wakeling v McDonagh & Anor

The defendant failed to discharge the burden of proof for contributory negligence; Adam took adequate steps to look out but was deceived by the speed of the oncoming car. The care and hydrotherapy regimes proposed by the claimant are reasonable and necessary for Adam's quality of life given the severity of his injuries.

Parties: Claimant: Adam Joseph Wakeling; Litigation Friend: Dominique Carpenter; First Defendant: Michael McDonagh; Second Defendant: The Motor Insurers’ Bureau
Jurisdiction: England and Wales
Judgment Date: 25 May 2007
Procedural Posture: Personal Injury / Judgment After Trial
Outcome: Claim for contributory negligence fails; claimant's care and hydrotherapy claims succeed; some smaller issues adjourned for further submissions.
Legal Topics: Contributory Negligence, Damages Assessment, Care Costs, Hydrotherapy Costs, Statutory Funding, Periodical Payments

Tort Personal Injury Contributory Negligence Damages Assessment Care Costs Hydrotherapy Costs Statutory Funding Periodical Payments

Case Brief

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Full judgment text Downloadable case file Legal principles 7 Authorities cited 10 Party arguments 2 Amounts and remedies 9

Parties

Adam Joseph Wakeling

Claimant

Dominique Carpenter

Litigation Friend

Michael McDonagh

First Defendant

The Motor Insurers’ Bureau

Second Defendant

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

1 Whether the claimant was contributorily negligent
2 Assessment of future care and case management costs
3 Assessment of future hydrotherapy costs

Ratio Decidendi

Court Disposition

Claim for contributory negligence fails; claimant's care and hydrotherapy claims succeed; some smaller issues adjourned for further submissions.

Orders

No reduction for contributory negligence
Care and case management costs awarded as per claimant's scheme