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 injuries from the accident were minor and resolved within 12 months; her ongoing symptoms were not caused by the accident but by pre-existing degenerative changes. Damages for pain and suffering are limited to £3,500, and special damages to £2,022.38 for loss of earnings. Claims for travel and...

Source-derived case information.

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

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Parties

Martine Widlake

Claimant

BAA PLC

Defendant

Procedural Posture

Personal Injury / Quantum Assessment 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 5 years
  2. 2 Extent of pain and suffering caused by the accident
  3. 3 Entitlement to special damages for loss of earnings, travel, and prescriptions

Ratio Decidendi

The claimant's injuries from the accident were minor and resolved within 12 months; her ongoing symptoms were not caused by the accident but by pre-existing degenerative changes. Damages for pain and suffering are limited to £3,500, and special damages to £2,022.38 for loss of earnings. Claims for travel and prescription costs were not proved.

Court Disposition

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

Orders

  • Defendant to pay claimant £5,522.38 in damages
  • Interest to be calculated and agreed by counsel