Warriner v Warriner [2002] EWCA Civ 81 (24 January 2002)

Warriner v Warriner [2002] EWCA Civ 81 (24 January 2002)

The appeal was allowed because the claimant's circumstances (long life expectancy and large award) were specifically contemplated by the Lord Chancellor when setting the 2.5% discount rate. There were no special features justifying a departure from the statutory rate, so expert evidence on a lower rate was inadmissible.

Citation
[2002] EWCA Civ 81
Parties
Claimant/respondent: Dianna Wendy Warriner; Defendant/appellant: Geoffrey Warriner
Jurisdiction
England and Wales
Judgment Date
24 January 2002
Procedural Posture
Personal Injury Quantum Appeal / Appeal From Case Management Decision in Queen's Bench Division
Outcome
Appeal allowed
Legal Topics
Damages Assessment, Discount Rate, Expert Evidence, Case Management, Damages Act 1996
Personal Injury Civil Procedure Damages Assessment Discount Rate Expert Evidence Case Management Damages Act 1996

Case Brief

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Parties

Dianna Wendy Warriner

Claimant/respondent

Geoffrey Warriner

Defendant/appellant

Procedural Posture

Personal Injury Quantum Appeal / Appeal From Case Management Decision in Queen's Bench Division

Legal Issues

  1. 1 Whether the claimant should be permitted to adduce expert evidence to support a discount rate lower than the statutory 2.5% under the Damages (Personal Injury) Order 2001
  2. 2 Interpretation of section 1(2) of the Damages Act 1996 regarding when a different discount rate is 'more appropriate'

Ratio Decidendi

The appeal was allowed because the claimant's circumstances (long life expectancy and large award) were specifically contemplated by the Lord Chancellor when setting the 2.5% discount rate. There were no special features justifying a departure from the statutory rate, so expert evidence on a lower rate was inadmissible.

Court Disposition

Appeal allowed

Orders

  • Order permitting expert evidence on discount rate set aside
  • Respondent to pay costs of the appeal, set off against damages awarded