Tate v Ryder Holdings Ltd & Anor

Tate v Ryder Holdings Ltd & Anor

The claimant's organic personality disorder was caused by the accident, necessitating 24-hour care. Damages should not be discounted for speculative risks about the claimant's pre-accident life but should be discounted by 20% for the significant risk of non-compliance with care regimes. Appropriate sums are awarded for pain, suffering, loss of amenity, future care, loss of earnings, deputyship, and other heads of claim, based on the evidence and reasonable estimates.

Parties
Claimant: Paul Tate; Defendants: Ryder Holdings Limited and Another
Jurisdiction
England and Wales
Judgment Date
16 December 2014
Procedural Posture
Personal Injury / Judgment After Trial on Quantum
Outcome
Judgment for the claimant on quantum; damages assessed under various heads as specified.
Legal Topics
Damages Assessment, Brain Injury, Loss of Earnings, Future Care Costs, Deputyship, Pain and Suffering
Tort Law Personal Injury Mental Capacity Damages Assessment Brain Injury Loss of Earnings Future Care Costs Deputyship +1 more

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Parties

Paul Tate

Claimant

Ryder Holdings Limited and Another

Defendants

Procedural Posture

Personal Injury / Judgment After Trial on Quantum

Legal Issues

  1. 1 Whether the claimant's personality disorder was caused by the accident
  2. 2 Appropriate quantum of damages for pain, suffering, loss of amenity, future care, and loss of earnings
  3. 3 Extent of discount for risk of non-compliance with care regime

Ratio Decidendi

The claimant's organic personality disorder was caused by the accident, necessitating 24-hour care. Damages should not be discounted for speculative risks about the claimant's pre-accident life but should be discounted by 20% for the significant risk of non-compliance with care regimes. Appropriate sums are awarded for pain, suffering, loss of amenity, future care, loss of earnings, deputyship, and other heads of claim, based on the evidence and reasonable estimates.

Court Disposition

Judgment for the claimant on quantum; damages assessed under various heads as specified.

Orders

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