Jefford v Gee [1970] EWCA Civ 8 (04 March 1970)

Jefford v Gee [1970] EWCA Civ 8 (04 March 1970)

Interest in personal injury cases should be awarded on special damages from the date of accident to trial at half the appropriate rate, and on pain and suffering/loss of amenities from the date of service of the writ to trial at the full appropriate rate; no interest is awarded on future loss of earnings. The appropriate rate is the average rate on the Short Term Investment Account. Payment into court does not affect entitlement to interest.

Citation
[1970] EWCA Civ 8
Parties
Respondent (plaintiff): Thomas William Jefford; Respondent (plaintiff): Rosemary Jefford; Appellant (defendant): Phyllis Gee
Jurisdiction
England and Wales
Judgment Date
04 March 1970
Procedural Posture
Civil Appeal (personal Injury) / Appeal From Judgment of Mr Justice Waller
Outcome
Appeal and cross-appeal allowed. Order varied.
Legal Topics
Interest on Damages, Personal Injury, Damages Assessment, Statutory Interpretation
Tort Civil Procedure Interest on Damages Personal Injury Damages Assessment Statutory Interpretation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 18 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Thomas William Jefford

Respondent (plaintiff)

Rosemary Jefford

Respondent (plaintiff)

Phyllis Gee

Appellant (defendant)

Procedural Posture

Civil Appeal (personal Injury) / Appeal From Judgment of Mr Justice Waller

Legal Issues

  1. 1 On what basis should interest be awarded in personal injury cases?
  2. 2 Should interest be awarded on special damages, general damages, and future loss of earnings?
  3. 3 What is the appropriate rate and period for interest awards?

Ratio Decidendi

Interest in personal injury cases should be awarded on special damages from the date of accident to trial at half the appropriate rate, and on pain and suffering/loss of amenities from the date of service of the writ to trial at the full appropriate rate; no interest is awarded on future loss of earnings. The appropriate rate is the average rate on the Short Term Investment Account. Payment into court does not affect entitlement to interest.

Court Disposition

Appeal and cross-appeal allowed. Order varied.

Orders

  • Interest awarded on special damages of £2,131 11s 6d at 3% per annum from 30 November 1966 to 16 June 1969.
  • Interest awarded on £2,500 (pain and suffering/loss of amenities) at 6% per annum from 2 August 1967 to 16 June 1969.