XP v Compensa Towarzystwo SA & Anor

XP v Compensa Towarzystwo SA & Anor

Accident 1 caused Claimant's miscarriage and psychiatric injury, with Accident 2 exacerbating symptoms for two years. Damages for Accident 1 are assessed under Polish law, including compensation for pain, suffering, loss of amenity, and fertility treatment as a normal consequence. Apportionment of past loss of earnings between defendants is based on causative potency. Future losses are compensated by lump sum awards reflecting ongoing psychiatric vulnerability and reduced earning capacity.

Parties
Claimant: XP; First Defendant: Compensa Towarzystwo SA; Second Defendant: Mr Przeyslaw Bejger
Jurisdiction
England and Wales
Judgment Date
13 July 2016
Procedural Posture
Personal Injury / Final Judgment
Outcome
Judgment for Claimant against both Defendants with damages apportioned as specified.
Legal Topics
Personal Injury, Psychiatric Injury, Loss of Earnings, Fertility Treatment, Apportionment of Damages, Foreign Law Application
Tort Conflict of Laws Insurance Personal Injury Psychiatric Injury Loss of Earnings Fertility Treatment Apportionment of Damages +1 more

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Parties

XP

Claimant

Compensa Towarzystwo SA

First Defendant

Mr Przeyslaw Bejger

Second Defendant

Procedural Posture

Personal Injury / Final Judgment

Legal Issues

  1. 1 Causation and apportionment of psychiatric injury between two accidents
  2. 2 Application of Polish law to damages for Accident 1
  3. 3 Entitlement to damages for fertility treatment

Ratio Decidendi

Accident 1 caused Claimant's miscarriage and psychiatric injury, with Accident 2 exacerbating symptoms for two years. Damages for Accident 1 are assessed under Polish law, including compensation for pain, suffering, loss of amenity, and fertility treatment as a normal consequence. Apportionment of past loss of earnings between defendants is based on causative potency. Future losses are compensated by lump sum awards reflecting ongoing psychiatric vulnerability and reduced earning capacity.

Court Disposition

Judgment for Claimant against both Defendants with damages apportioned as specified.

Orders

  • Compensa to pay £447,380 in damages including past and future losses, interest as per Polish law.
  • Mr Bejger to pay £25,080 in damages including apportioned past losses, interest as per English law.