Collins v Jones [2003] EWHC 187 (QB) (28 February 2003)

Collins v Jones [2003] EWHC 187 (QB) (28 February 2003)

The claimant is entitled to damages for pain, suffering, loss of amenity, and loss of earnings, including accelerated physical and psychiatric injury, notwithstanding pre-existing vulnerabilities, as the accident materially contributed to his current condition and loss. The court assessed damages based on the likely...

Source-derived case information.

Citation
[2003] EWHC 187 (QB)
Parties
Claimant: David John Strickland Collins; Defendant: David Ernest Jones
Jurisdiction
England and Wales
Judgment Date
28 February 2003
Procedural Posture
Personal Injury / Judgment After Trial
Outcome
Judgment for the claimant
Legal Topics
Negligence, Damages, Causation, Loss of Earnings, Psychiatric Injury
Tort Law Personal Injury Negligence Damages Causation Loss of Earnings Psychiatric Injury

Source-derived case record

Summary, issues, holding and outcome

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Parties

David John Strickland Collins

Claimant

David Ernest Jones

Defendant

Procedural Posture

Personal Injury / Judgment After Trial

Legal Issues

  1. 1 Extent of damages recoverable for personal injury where claimant had pre-existing vulnerabilities
  2. 2 Assessment of loss of earnings and future prospects
  3. 3 Causation of psychiatric injury and acceleration of physical injury

Ratio Decidendi

The claimant is entitled to damages for pain, suffering, loss of amenity, and loss of earnings, including accelerated physical and psychiatric injury, notwithstanding pre-existing vulnerabilities, as the accident materially contributed to his current condition and loss. The court assessed damages based on the likely acceleration of surgery and depression, and awarded a global sum for loss of chance regarding speculative future earnings.

Court Disposition

Judgment for the claimant

Orders

  • Defendant to pay claimant damages assessed in the total inclusive sum of £1,407,523.16
  • Defendant to pay claimant's costs of the action