Rees v Dewhirst Plc & Anor [2002] EWCA Civ 871 (21 May 2002)

Rees v Dewhirst Plc & Anor [2002] EWCA Civ 871 (21 May 2002)

The claimant's ongoing back symptoms and psychiatric injury were attributable to the accident, and the judge was entitled to make findings on causation and damages based on the evidence. However, the judge erred in the approach to future loss of earnings by using an excessive multiplier, and the award was reduced accordingly.

Citation
[2002] EWCA Civ 871
Parties
Respondent/claimant: Peter Martin Rees; Appellant/defendant: Dewhirst PLC and another
Jurisdiction
England and Wales
Judgment Date
21 May 2002
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment on Damages
Outcome
Appeal allowed in part
Legal Topics
Damages Assessment, Causation, Apportionment of Liability, Future Loss of Earnings, Psychiatric Injury
Tort Personal Injury Damages Assessment Causation Apportionment of Liability Future Loss of Earnings Psychiatric Injury

Case Brief

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Parties

Peter Martin Rees

Respondent/claimant

Dewhirst PLC and another

Appellant/defendant

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment on Damages

Legal Issues

  1. 1 Whether the claimant's ongoing back symptoms and psychiatric injury were attributable to the accident
  2. 2 Whether the judge erred in assessing damages for future loss of earnings and earning capacity
  3. 3 Whether apportionment was required due to other potential causes of psychiatric injury

Ratio Decidendi

The claimant's ongoing back symptoms and psychiatric injury were attributable to the accident, and the judge was entitled to make findings on causation and damages based on the evidence. However, the judge erred in the approach to future loss of earnings by using an excessive multiplier, and the award was reduced accordingly.

Court Disposition

Appeal allowed in part

Orders

  • Award for future loss of earnings reduced from £89,352 to £45,000
  • Other aspects of the judgment affirmed