Tate v Ryder Holdings Ltd & Anor [2014] EWHC 4256 (QB) (16 December 2014)

Tate v Ryder Holdings Ltd & Anor [2014] EWHC 4256 (QB) (16 December 2014)

The claimant's severe personality disorder was caused by the accident (organic), not pre-existing, and the need for 24-hour care arises directly from the injury. Damages for future care should be discounted by 20% for risk of non-compliance, but not further discounted for pre-existing vulnerabilities. Loss of earnings and other heads of damages are to be assessed on a realistic, not speculative, basis.

Citation
[2014] EWHC 4256 (QB)
Parties
Claimant: Paul Tate; Defendants: Ryder Holdings Limited and Another
Jurisdiction
England and Wales
Judgment Date
16 December 2014
Procedural Posture
Personal Injury Claim / Judgment After Trial on Quantum
Outcome
Judgment for the claimant on quantum; damages awarded as assessed.
Legal Topics
Damages Assessment, Brain Injury, Care Costs, Loss of Earnings, Deputyship, Mental Capacity Act 2005
Personal Injury Mental Capacity Tort Law Damages Assessment Brain Injury Care Costs Loss of Earnings Deputyship +1 more

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Parties

Paul Tate

Claimant

Ryder Holdings Limited and Another

Defendants

Procedural Posture

Personal Injury Claim / Judgment After Trial on Quantum

Legal Issues

  1. 1 Whether the claimant's personality disorder was caused by the accident (organic) or was pre-existing/socially determined
  2. 2 Appropriate quantum of damages for pain, suffering, loss of amenity, care, and loss of earnings
  3. 3 Extent to which damages should be discounted for pre-existing vulnerabilities and risk of non-compliance with care

Ratio Decidendi

The claimant's severe personality disorder was caused by the accident (organic), not pre-existing, and the need for 24-hour care arises directly from the injury. Damages for future care should be discounted by 20% for risk of non-compliance, but not further discounted for pre-existing vulnerabilities. Loss of earnings and other heads of damages are to be assessed on a realistic, not speculative, basis.

Court Disposition

Judgment for the claimant on quantum; damages awarded as assessed.

Orders

  • Future care costs awarded at £170,000 per annum, discounted by 20% for non-compliance risk.
  • General damages for pain, suffering and loss of amenity awarded at £140,000.