Childerley v General Healthcare Group Ltd [2004] EWHC 2777 (QB) (03 December 2004)

Childerley v General Healthcare Group Ltd [2004] EWHC 2777 (QB) (03 December 2004)

The claimant failed to prove on the balance of probabilities that his resignation was caused by the head injury. The court accepted the evidence of the defendants' experts and senior management that the claimant's behaviour was consistent with his pre-accident character and that he was not handicapped on the labour market. General damages were awarded for moderate psychiatric injury, but no award was made for loss of earnings or disadvantage on the labour market.

Citation
[2004] EWHC 2777 (QB)
Parties
Claimant: David R Childerley; First Defendant: General Healthcare Group Ltd; Second Defendant: Christopher F Elsworth; Third Defendant: John McGeachie
Jurisdiction
England and Wales
Judgment Date
03 December 2004
Procedural Posture
Personal Injury/negligence / Quantum of Damages After Admission of Liability
Outcome
Claim allowed in part
Legal Topics
Negligence, Damages, Causation, Loss of Earnings, Handicap on Labour Market
Tort Law Personal Injury Negligence Damages Causation Loss of Earnings Handicap on Labour Market

Case Brief

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Parties

David R Childerley

Claimant

General Healthcare Group Ltd

First Defendant

Christopher F Elsworth

Second Defendant

John McGeachie

Third Defendant

Procedural Posture

Personal Injury/negligence / Quantum of Damages After Admission of Liability

Legal Issues

  1. 1 Assessment of general damages for psychiatric injury
  2. 2 Causative link between head injury and resignation from employment
  3. 3 Entitlement to damages for loss of earnings and handicap on labour market

Ratio Decidendi

The claimant failed to prove on the balance of probabilities that his resignation was caused by the head injury. The court accepted the evidence of the defendants' experts and senior management that the claimant's behaviour was consistent with his pre-accident character and that he was not handicapped on the labour market. General damages were awarded for moderate psychiatric injury, but no award was made for loss of earnings or disadvantage on the labour market.

Court Disposition

Claim allowed in part

Orders

  • General damages awarded in the sum of £11,000
  • Past care awarded in the sum of £4,500 (inclusive of interest)