Giambrone & Ors v Sunworld Holidays Ltd.

Giambrone & Ors v Sunworld Holidays Ltd.

Damages for gratuitous care are recoverable where the care provided by family members goes distinctly beyond the ordinary regime of family life, and there is no requirement that such awards be limited to only very serious cases or to situations involving demonstrable financial expense. The judge's broad brush approach to assessment was correct in law.

Parties
Claimants/respondents: Anita Giambrone & Others; Defendants/appellants: Sunworld Holidays Limited
Jurisdiction
England and Wales
Judgment Date
18 February 2004
Procedural Posture
Civil Appeal / Appeal From Assessment of Damages After Judgment on Liability
Outcome
Appeal dismissed
Legal Topics
Damages for Personal Injury, Assessment of Damages, Gratuitous Care, Group Litigation
Tort Law Contract Law Damages for Personal Injury Assessment of Damages Gratuitous Care Group Litigation

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Parties

Anita Giambrone & Others

Claimants/respondents

Sunworld Holidays Limited

Defendants/appellants

Procedural Posture

Civil Appeal / Appeal From Assessment of Damages After Judgment on Liability

Legal Issues

  1. 1 Whether claimants can recover damages for gratuitous care provided by family members after returning home from illness caused by defendant's breach of contract
  2. 2 Whether such awards should be limited to 'serious cases' or require demonstrable financial expense

Ratio Decidendi

Damages for gratuitous care are recoverable where the care provided by family members goes distinctly beyond the ordinary regime of family life, and there is no requirement that such awards be limited to only very serious cases or to situations involving demonstrable financial expense. The judge's broad brush approach to assessment was correct in law.

Court Disposition

Appeal dismissed

Orders

  • Awards for gratuitous care to claimants upheld as assessed by the trial judge
  • No change to the quantum of damages awarded in the six lead cases