Chelfat v Chaudhry's Restaurant Ltd [2019] EWHC 2959 (QB) (05 November 2019)

Chelfat v Chaudhry's Restaurant Ltd [2019] EWHC 2959 (QB) (05 November 2019)

The trial judge erred by allocating the claimant's injuries to the wrong bracket in the Judicial College Guidelines, resulting in an inadequate award of general damages, and misapplied the cap for litigant in person costs by reference to the amount claimed rather than the hypothetical legal representative's costs.

Citation
[2019] EWHC 2959 (QB)
Parties
Appellant/claimant: Zehour Chelfat; Respondent/defendant: Chaudhry's Restaurant Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2019
Procedural Posture
Personal Injury Appeal / Appeal Against Assessment of Damages and Costs
Outcome
Appeal allowed; order varied
Legal Topics
Personal Injury, Assessment of Damages, Costs for Litigant in Person, Appeals Procedure
Tort Law Civil Procedure Personal Injury Assessment of Damages Costs for Litigant in Person Appeals Procedure

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Parties

Zehour Chelfat

Appellant/claimant

Chaudhry's Restaurant Limited

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Appeal Against Assessment of Damages and Costs

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of general damages for personal injury
  2. 2 Whether the trial judge erred in the summary assessment of costs for a litigant in person

Ratio Decidendi

The trial judge erred by allocating the claimant's injuries to the wrong bracket in the Judicial College Guidelines, resulting in an inadequate award of general damages, and misapplied the cap for litigant in person costs by reference to the amount claimed rather than the hypothetical legal representative's costs.

Court Disposition

Appeal allowed; order varied

Orders

  • General damages increased to £10,000 with £850 interest
  • Past financial losses awarded at £100 with £8.50 interest