Chewings v Williams & Anor [2009] EWHC 2490 (QB) (21 August 2009)

Chewings v Williams & Anor [2009] EWHC 2490 (QB) (21 August 2009)

The claimant need not prove on the balance of probabilities that he will undergo fusion surgery; it is sufficient to establish that there is a real, non-fanciful chance of serious deterioration (amputation) in the future as a result of the accident and its consequences. The evidence supports a measurable risk of amputation, justifying a provisional damages order.

Citation
[2009] EWHC 2490
Parties
Claimant: Leonard Howard Chewings; First Defendant: Josephy Toby Williams; Second Defendant: Abertawe Bro Morgannwg University NHS Trust
Jurisdiction
England and Wales
Judgment Date
21 August 2009
Procedural Posture
Personal Injury Application for Provisional Damages / Judgment on Application for Provisional Damages
Outcome
Application granted
Legal Topics
Provisional Damages, Serious Deterioration, Balance of Probabilities, Section 32 a Supreme Court Act 1981, Section 51 County Courts Act 1984
Personal Injury Medical Negligence Provisional Damages Serious Deterioration Balance of Probabilities Section 32 a Supreme Court Act 1981 Section 51 County Courts Act 1984

Case Brief

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Parties

Leonard Howard Chewings

Claimant

Josephy Toby Williams

First Defendant

Abertawe Bro Morgannwg University NHS Trust

Second Defendant

Procedural Posture

Personal Injury Application for Provisional Damages / Judgment on Application for Provisional Damages

Legal Issues

  1. 1 Whether the claimant has established a real chance of below knee amputation as a result of the accident and subsequent medical treatment
  2. 2 Whether the court should exercise discretion to award provisional damages rather than final damages

Ratio Decidendi

The claimant need not prove on the balance of probabilities that he will undergo fusion surgery; it is sufficient to establish that there is a real, non-fanciful chance of serious deterioration (amputation) in the future as a result of the accident and its consequences. The evidence supports a measurable risk of amputation, justifying a provisional damages order.

Court Disposition

Application granted

Orders

  • Award of £160,000 damages to be paid as provisional damages
  • Claimant retains right to claim further damages within three years from the date of the order if below knee amputation occurs as a result of the defendants' negligence