MANUEL MATHIEU v TONY MARTIN HINDS & Anor

MANUEL MATHIEU v TONY MARTIN HINDS & Anor

Claimant entitled to substantial damages for past and future loss of income due to brain injury, calculated using modified multiplicand/multiplier approach reflecting realistic chance of sustained success; damages awarded gross due to lack of evidence on foreign tax treatment; claimant did not fail to mitigate loss by refusing treatment; provisional damages awarded for risk of epilepsy but not for dementia due to insufficient scientific clarity.

Parties
Claimant: Manuel Mathieu; First Defendant: Tony Martin Hinds; Second Defendant: Aviva PLC
Jurisdiction
England and Wales
Judgment Date
13 April 2022
Procedural Posture
Personal Injury Claim / Judgment After Trial on Quantum
Outcome
Judgment for the Claimant
Legal Topics
Damages Assessment, Mitigation of Loss, Taxation of Damages, Provisional Damages, Brain Injury, Loss of Earnings
Tort Personal Injury Insurance Damages Assessment Mitigation of Loss Taxation of Damages Provisional Damages Brain Injury +1 more

Case Brief

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Parties

Manuel Mathieu

Claimant

Tony Martin Hinds

First Defendant

Aviva PLC

Second Defendant

Procedural Posture

Personal Injury Claim / Judgment After Trial on Quantum

Legal Issues

  1. 1 Extent of impact of claimant's injuries on daily life and productivity
  2. 2 Whether claimant failed to mitigate loss by refusing treatment
  3. 3 Whether damages for lost income should be awarded gross or net of tax

Ratio Decidendi

Claimant entitled to substantial damages for past and future loss of income due to brain injury, calculated using modified multiplicand/multiplier approach reflecting realistic chance of sustained success; damages awarded gross due to lack of evidence on foreign tax treatment; claimant did not fail to mitigate loss by refusing treatment; provisional damages awarded for risk of epilepsy but not for dementia due to insufficient scientific clarity.

Court Disposition

Judgment for the Claimant

Orders

  • Second Defendant to pay Claimant £3,178,741.64 in damages
  • Provisional damages award for risk of epilepsy for Claimant's lifetime