Chewings v Williams & Anor

Chewings v Williams & Anor

The claimant established a real and measurable chance, more than fanciful, of below knee amputation in the future as a result of the accident and its consequences. Therefore, an award of provisional damages is appropriate under Section 32A.

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
Outcome
Application granted
Legal Topics
Provisional Damages, Serious Deterioration, Amputation Risk, Balance of Probabilities, Section 32 a Supreme Court Act 1981
Personal Injury Medical Negligence Provisional Damages Serious Deterioration Amputation Risk Balance of Probabilities Section 32 a Supreme Court Act 1981

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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

Legal Issues

  1. 1 Whether the claimant has established a measurable chance of below knee amputation as a result of the accident and subsequent treatment
  2. 2 Whether the agreed damages should be awarded as provisional or final

Ratio Decidendi

The claimant established a real and measurable chance, more than fanciful, of below knee amputation in the future as a result of the accident and its consequences. Therefore, an award of provisional damages is appropriate under Section 32A.

Court Disposition

Application granted

Orders

  • The agreed sum of £160,000 is to be paid as provisional damages.
  • The claimant is entitled to claim further damages within three years from the date of the order if he suffers a below knee amputation as a result of the defendants' negligence.