Cannon v Cannon [2005] EWHC 1310 (QB) (24 June 2005)

Cannon v Cannon [2005] EWHC 1310 (QB) (24 June 2005)

The appropriate quantum of damages for the claimant's catastrophic injuries is determined by assessing each head of loss in accordance with the JSB Guidelines and expert evidence, applying discounts for overlapping injuries and contingencies, and ensuring the global award is reasonable compensation for the totality...

Source-derived case information.

Citation
[2005] EWHC 1310 (QB)
Parties
Claimant: Fiona Janette Cannon; Defendant: Charles Michael Cannon
Jurisdiction
England and Wales
Judgment Date
24 June 2005
Procedural Posture
Personal Injury Road Traffic Accident / Assessment of Damages After Judgment on Liability
Outcome
Damages assessed in favour of the claimant.
Legal Topics
Assessment of Damages, Road Traffic Accidents, Negligence, Loss of Earnings, Future Care Costs, Pain and Suffering
Tort Law Personal Injury Assessment of Damages Road Traffic Accidents Negligence Loss of Earnings Future Care Costs Pain and Suffering

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Summary, issues, holding and outcome

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Parties

Fiona Janette Cannon

Claimant

Charles Michael Cannon

Defendant

Procedural Posture

Personal Injury Road Traffic Accident / Assessment of Damages After Judgment on Liability

Legal Issues

  1. 1 What is the appropriate quantum of damages for the claimant's catastrophic injuries resulting from the defendant's admitted negligence in a road traffic accident?
  2. 2 How should damages for pain, suffering, loss of amenity, loss of earnings, and future care be calculated in light of the claimant's specific injuries and prognosis?

Ratio Decidendi

The appropriate quantum of damages for the claimant's catastrophic injuries is determined by assessing each head of loss in accordance with the JSB Guidelines and expert evidence, applying discounts for overlapping injuries and contingencies, and ensuring the global award is reasonable compensation for the totality of the claimant's pain, suffering, loss of amenity, loss of earnings, and future care needs resulting from the defendant's admitted negligence.

Court Disposition

Damages assessed in favour of the claimant.

Orders

  • The defendant shall pay the claimant £110,000 for pain, suffering, and loss of amenity.
  • The defendant shall pay the claimant £340,000 for past and future loss of earnings (after deduction for residual earning capacity).