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 entitled to substantial damages for pain, suffering, and loss of amenity, calculated at £225,000, reflecting the severity of his injuries and loss of independence but not at the top of the bracket due to absence of sensory or communication impairment. The claim for loss of investment income fails as there was no true loss or causation; the claimant merely converted assets. The accommodation claim is to be assessed under the Roberts v Johnstone formula. The claimant's life expectancy is determined at 19 years from age 53, based on expert evidence and the benefit of a high-quality care package. Agreed heads of damage for care, medical expenses, aids, transport, household,...

Citation
[2009] EWHC 1117 (QB)
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 Determined
Outcome
Claim allowed in part; quantum of damages determined as per judgment; some heads of claim (notably loss of investment income) disallowed.
Legal Topics
Quantum of Damages, Assessment of Damages, Catastrophic Injury, Accommodation Claims, Loss of Amenity, Care Costs, Loss of Investment Income, Provisional Damages, Periodical Payments
Tort Law Personal Injury Quantum of Damages Assessment of Damages Catastrophic Injury Accommodation Claims Loss of Amenity Care Costs +3 more

Case Brief

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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 Determined

Legal Issues

  1. 1 What is the appropriate quantum of damages for catastrophic personal injury (C4 tetraplegia) including pain, suffering, and loss of amenity?
  2. 2 Is the claimant entitled to damages for loss of investment income following the sale of income-producing properties to fund accommodation?
  3. 3 What is the reasonable sum for accommodation and associated costs under Roberts v Johnstone?

Ratio Decidendi

The claimant is entitled to substantial damages for pain, suffering, and loss of amenity, calculated at £225,000, reflecting the severity of his injuries and loss of independence but not at the top of the bracket due to absence of sensory or communication impairment. The claim for loss of investment income fails as there was no true loss or causation; the claimant merely converted assets. The accommodation claim is to be assessed under the Roberts v Johnstone formula. The claimant's life expectancy is determined at 19 years from age 53, based on expert evidence and the benefit of a high-quality care package. Agreed heads of damage for care, medical expenses, aids, transport, household,...

Court Disposition

Claim allowed in part; quantum of damages determined as per judgment; some heads of claim (notably loss of investment income) disallowed.

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 per schedule.