Wayne Allard v Govia Thameslink Railway Limited

Wayne Allard v Govia Thameslink Railway Limited

The trial judge was entitled to accept the claimant's evidence and expert opinion regarding permanent exacerbation of asthma, properly applied the Judicial College Guidelines to quantum, and exercised case management discretion in permitting further evidence verifying special damages; no error of principle or plainly erroneous reasoning was demonstrated.

Parties
Claimant/respondent: Wayne Allard; Defendant/appellant: Govia Thameslink Railway Limited
Jurisdiction
England and Wales
Judgment Date
29 August 2024
Procedural Posture
Appeal / Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Quantum of Damages, Case Management, Expert Evidence, Occupational Health, Asthma Exacerbation
Tort Personal Injury Negligence Quantum of Damages Case Management Expert Evidence Occupational Health Asthma Exacerbation

Case Brief

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Parties

Wayne Allard

Claimant/respondent

Govia Thameslink Railway Limited

Defendant/appellant

Procedural Posture

Appeal / Judgment

Legal Issues

  1. 1 Whether the trial judge erred in awarding £27,000 general damages for exacerbation of pre-existing asthma
  2. 2 Whether the trial judge erred in permitting further evidence verifying special damages post-trial

Ratio Decidendi

The trial judge was entitled to accept the claimant's evidence and expert opinion regarding permanent exacerbation of asthma, properly applied the Judicial College Guidelines to quantum, and exercised case management discretion in permitting further evidence verifying special damages; no error of principle or plainly erroneous reasoning was demonstrated.

Court Disposition

Appeal dismissed

Orders

  • General damages award of £27,000 to claimant upheld
  • Order permitting further evidence verifying special damages by affidavit upheld