Hardwick v Hudson & Anor [1999] EWCA Civ 1428 (18 May 1999)

Hardwick v Hudson & Anor [1999] EWCA Civ 1428 (18 May 1999)

The cost of gratuitous services provided by the claimant's wife to the business is not recoverable as damages in the absence of a contractual obligation; the multiplier for future gardening services should be increased to seven, but the multiplier for DIY services remains at five; the award for pain, suffering, and...

Source-derived case information.

Citation
[1999] EWCA Civ 1428
Parties
Claimant/appellant: Hardwick; Defendant/respondent: Hudson & Anor
Jurisdiction
England and Wales
Judgment Date
18 May 1999
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment on Quantum
Outcome
Appeal and cross-appeal allowed in part; judgment sum revised.
Legal Topics
Assessment of Damages, Loss of Earnings, Gratuitous Services, Multiplier for Future Loss, Pain and Suffering, Loss of Amenity
Tort Personal Injury Assessment of Damages Loss of Earnings Gratuitous Services Multiplier for Future Loss Pain and Suffering Loss of Amenity

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Summary, issues, holding and outcome

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Parties

Hardwick

Claimant/appellant

Hudson & Anor

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment on Quantum

Legal Issues

  1. 1 Whether the cost of gratuitous services provided by the claimant's wife to the business is recoverable as damages
  2. 2 Appropriate calculation of damages for loss of earnings and services
  3. 3 Correct multiplier for future loss of gardening and DIY services

Ratio Decidendi

The cost of gratuitous services provided by the claimant's wife to the business is not recoverable as damages in the absence of a contractual obligation; the multiplier for future gardening services should be increased to seven, but the multiplier for DIY services remains at five; the award for pain, suffering, and loss of amenity should be reduced to £15,500 as the original award was excessive.

Court Disposition

Appeal and cross-appeal allowed in part; judgment sum revised.

Orders

  • Total revised judgment sum £55,214.10 inclusive of interest.
  • Defendant to pay claimant £1,120.80 with interest from date of first judgment.