Widlake v BAA Plc [2008] EWHC 2825 (QB) (28 November 2008)

Widlake v BAA Plc [2008] EWHC 2825 (QB) (28 November 2008)

The claimant's accident aggravated her pre-existing back condition for no more than 12 months; her subsequent symptoms and losses were attributable to the natural progression of her underlying condition, not the accident. Damages are limited to pain, suffering, and loss of amenity for 12 months and proven special damages within that period.

Citation
[2008] EWHC 2825 (QB)
Parties
Claimant: Martine Widlake; Defendant: BAA PLC
Jurisdiction
England and Wales
Judgment Date
28 November 2008
Procedural Posture
Personal Injury Claim / Quantum of Damages After Liability Admitted
Outcome
Judgment for the claimant in the sum of £5,522.38 plus interest.
Legal Topics
Assessment of Damages, Aggravation of Pre Existing Condition, Causation, Quantum of Damages
Tort Law Personal Injury Assessment of Damages Aggravation of Pre Existing Condition Causation Quantum of Damages

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Parties

Martine Widlake

Claimant

BAA PLC

Defendant

Procedural Posture

Personal Injury Claim / Quantum of Damages After Liability Admitted

Legal Issues

  1. 1 Whether the accident aggravated the claimant's pre-existing back condition for 12 months or accelerated deterioration by five years
  2. 2 Extent of pain and suffering attributable to the accident
  3. 3 Entitlement to special damages for medical and travel expenses

Ratio Decidendi

The claimant's accident aggravated her pre-existing back condition for no more than 12 months; her subsequent symptoms and losses were attributable to the natural progression of her underlying condition, not the accident. Damages are limited to pain, suffering, and loss of amenity for 12 months and proven special damages within that period.

Court Disposition

Judgment for the claimant in the sum of £5,522.38 plus interest.

Orders

  • Claimant awarded £3,500 for pain, suffering, and loss of amenity.
  • Claimant awarded £2,022.38 for special damages (loss of earnings).