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 (measurable, not fanciful) chance of serious deterioration (amputation) in the future as a result of the accident and subsequent treatment. On the evidence, there is such a chance, warranting an award of provisional damages.

Citation
[2009] EWHC 2490 (QB)
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
Application for Provisional Damages (personal Injury) / Judgment on Application for Provisional Damages
Outcome
Application granted
Legal Topics
Provisional Damages, Serious Deterioration, Balance of Probabilities, Standard of Proof, Discretionary Relief
Personal Injury Medical Negligence Civil Procedure Provisional Damages Serious Deterioration Balance of Probabilities Standard of Proof Discretionary Relief

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Parties

Leonard Howard Chewings

Claimant

Josephy Toby Williams

First Defendant

Abertawe Bro Morgannwg University NHS Trust

Second Defendant

Procedural Posture

Application for Provisional Damages (personal Injury) / Judgment on Application for Provisional Damages

Legal Issues

  1. 1 Whether the claimant has established a real (more than fanciful) chance of suffering below knee amputation in the future as a result of the accident and subsequent medical treatment
  2. 2 Whether the court should exercise its discretion to award provisional damages and for what period

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 (measurable, not fanciful) chance of serious deterioration (amputation) in the future as a result of the accident and subsequent treatment. On the evidence, there is such a chance, warranting an award of provisional damages.

Court Disposition

Application granted

Orders

  • Award of £160,000 damages to be paid as provisional damages
  • Claimant reserves the 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