Bygrave v Thomas Cook Tour Operations Ltd.

Bygrave v Thomas Cook Tour Operations Ltd.

The trial judge's awards for general damages, future care and assistance, and future travel expenses were within the reasonable range supported by the evidence and legal guidelines; there was no basis for appellate interference.

Parties
Claimant/respondent: Julie Bygrave; Defendant/appellant: Thomas Cook Tour Operations Limited
Jurisdiction
England and Wales
Judgment Date
05 November 2003
Procedural Posture
Civil Appeal / Appeal From Assessment of Damages
Outcome
appeal dismissed
Legal Topics
Assessment of Damages, Future Care Costs, General Damages, Future Travel Expenses
Tort Personal Injury Assessment of Damages Future Care Costs General Damages Future Travel Expenses

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Julie Bygrave

Claimant/respondent

Thomas Cook Tour Operations Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Assessment of Damages

Legal Issues

  1. 1 Whether the award of general damages was excessive
  2. 2 Whether the award for future care and assistance was justified
  3. 3 Whether the award for future travel expenses was justified

Ratio Decidendi

The trial judge's awards for general damages, future care and assistance, and future travel expenses were within the reasonable range supported by the evidence and legal guidelines; there was no basis for appellate interference.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed
  • Costs in the appeal on an indemnity basis