Pankhurst v White & Anor

Pankhurst v White & Anor

The claimant is entitled to substantial general damages for catastrophic injury, but his claims for loss of investment income and excessive accommodation/holiday costs are limited by the principles of reasonableness, causation, and the Roberts v Johnstone formula. The purchase and rebuilding of Archers Post was unreasonable and imprudent; damages are awarded based on a notional property reflecting reasonable needs and pre-accident lifestyle. The holiday claim is reduced to a lump sum reflecting realistic future prospects. No award is made for loss of investment income beyond actual losses to trial, and future loss of earning capacity is assessed on a broad-brush basis.

Parties
Claimant: James Pankhurst; First Defendant: Lee White; Second Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Personal Injury / Quantum Assessment After Liability Judgment
Outcome
Damages assessed and awarded as specified; periodical payments for care approved; orders for provisional damages and variable periodical payments approved.
Legal Topics
Damages Assessment, Accommodation Claims, Loss of Amenity, Care Costs, Mitigation of Loss
Tort Law Personal Injury Damages Assessment Accommodation Claims Loss of Amenity Care Costs Mitigation of Loss

Case Brief

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Parties

James Pankhurst

Claimant

Lee White

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury / Quantum Assessment After Liability Judgment

Legal Issues

  1. 1 What is the appropriate quantum of damages for pain, suffering and loss of amenity?
  2. 2 What is the claimant's life expectancy for the purpose of damages calculation?
  3. 3 Is the claimant entitled to damages for loss of investment income?

Ratio Decidendi

The claimant is entitled to substantial general damages for catastrophic injury, but his claims for loss of investment income and excessive accommodation/holiday costs are limited by the principles of reasonableness, causation, and the Roberts v Johnstone formula. The purchase and rebuilding of Archers Post was unreasonable and imprudent; damages are awarded based on a notional property reflecting reasonable needs and pre-accident lifestyle. The holiday claim is reduced to a lump sum reflecting realistic future prospects. No award is made for loss of investment income beyond actual losses to trial, and future loss of earning capacity is assessed on a broad-brush basis.

Court Disposition

Damages assessed and awarded as specified; periodical payments for care approved; orders for provisional damages and variable periodical payments approved.

Orders

  • General damages for pain, suffering and loss of amenity: £225,000
  • Past loss of investment income: £35,500