Widlake v BAA Plc

The judge found that the claimant's accident aggravated her pre-existing back condition for no more than 12 months, after which her symptoms returned to their natural course. The claimant's evidence was found unreliable and exaggerated, and her concealment of medical history undermined her credibility. Damages were awarded only for the proven period of aggravation and proven losses.

Parties: Claimant: Martine Widlake; Defendant: BAA PLC
Jurisdiction: England and Wales
Judgment Date: 28 November 2008
Procedural Posture: Personal Injury Claim / Judgment After Trial
Outcome: Judgment for the claimant in part
Legal Topics: Employer's Liability, Quantum of Damages, Causation, Aggravation of Pre Existing Injury

Tort Law Personal Injury Employer's Liability Quantum of Damages Causation Aggravation of Pre Existing Injury

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 2 Authorities cited 5 Party arguments 2 Amounts and remedies 3

Parties

Martine Widlake

Claimant

BAA PLC

Defendant

Procedural Posture

Personal Injury Claim / Judgment After Trial

Legal Issues

1 Whether the accident aggravated the claimant's pre-existing back condition for 12 months or advanced its deterioration by five years
2 Extent of pain and suffering attributable to the accident
3 Appropriate quantum for pain, suffering, and loss of amenity

Ratio Decidendi

Court Disposition

Judgment for the claimant in part

Orders

Claimant awarded £5,522.38 in damages plus interest
No award for future losses, chiropractic costs, travel, or prescription expenses