Pankhurst v White & Anor [2009] EWHC 1117 (QB) (10 June 2009)

Pankhurst v White & Anor [2009] EWHC 1117 (QB) (10 June 2009)

The claimant is awarded general damages of £225,000 for pain, suffering and loss of amenity, reflecting severe tetraplegia but not the most extreme category. Life expectancy is assessed at 19 years from age 53, based on expert evidence and the benefit of a high-quality care package. The claim for loss of investment income after the sale of properties fails for lack of loss and causation, as the claimant merely converted assets. Accommodation and holiday claims are determined on the basis of reasonableness and established principles. Provisional damages and variable periodical payments are approved due to the risk of future deterioration.

Citation
[2009] EWHC 1117
Parties
Claimant: James Pankhurst; First Defendant: Lee White; Second Defendant: The Motor Insurers Bureau
Jurisdiction
England and Wales
Judgment Date
10 June 2009
Procedural Posture
Personal Injury Claim (road Traffic Accident) / Quantum of Damages Assessment After Liability Judgment
Outcome
Claim allowed in part; damages assessed and awarded as specified.
Legal Topics
Quantum of Damages, Assessment of Damages, Catastrophic Injury, Accommodation Claims, Loss of Amenity, Care Costs, Loss of Investment Income, Provisional Damages
Tort Law Personal Injury Quantum of Damages Assessment of Damages Catastrophic Injury Accommodation Claims Loss of Amenity Care Costs +2 more

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Parties

James Pankhurst

Claimant

Lee White

First Defendant

The Motor Insurers Bureau

Second Defendant

Procedural Posture

Personal Injury Claim (road Traffic Accident) / Quantum of Damages Assessment After Liability Judgment

Legal Issues

  1. 1 What is the appropriate quantum of damages for pain, suffering and loss of amenity for a C4 tetraplegic with additional injuries?
  2. 2 What is the claimant's life expectancy for the purpose of future loss calculations?
  3. 3 Is the claimant entitled to damages for loss of investment income following the sale of income-producing properties to fund accommodation?

Ratio Decidendi

The claimant is awarded general damages of £225,000 for pain, suffering and loss of amenity, reflecting severe tetraplegia but not the most extreme category. Life expectancy is assessed at 19 years from age 53, based on expert evidence and the benefit of a high-quality care package. The claim for loss of investment income after the sale of properties fails for lack of loss and causation, as the claimant merely converted assets. Accommodation and holiday claims are determined on the basis of reasonableness and established principles. Provisional damages and variable periodical payments are approved due to the risk of future deterioration.

Court Disposition

Claim allowed in part; damages assessed and awarded as specified.

Orders

  • General damages for pain, suffering and loss of amenity awarded at £225,000.
  • Agreed damages for care, medical expenses, aids, transport, household, and leisure approved as set out.