McMylor v Firth Rixson Plc [2002] EWCA Civ 1863 (28 November 2002)

McMylor v Firth Rixson Plc [2002] EWCA Civ 1863 (28 November 2002)

There was sufficient evidence to support the judge's findings that the claimant's pain and inability to work overtime were caused by the accident, and the damages awarded were within a reasonable range. No basis for interfering with the trial judge's assessment.

Citation
[2002] EWCA Civ 1863
Parties
Claimant: Andrew McMylor; Defendant: Firth Rixson plc
Jurisdiction
England and Wales
Judgment Date
28 November 2002
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Personal Injury, Damages Assessment, Causation, Mitigation of Loss
Tort Employment Personal Injury Damages Assessment Causation Mitigation of Loss

Case Brief

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Parties

Andrew McMylor

Claimant

Firth Rixson plc

Defendant

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether pain and swelling were caused by the accident
  2. 2 Whether damages awarded were excessive
  3. 3 Whether loss of overtime and prescription costs were properly assessed

Ratio Decidendi

There was sufficient evidence to support the judge's findings that the claimant's pain and inability to work overtime were caused by the accident, and the damages awarded were within a reasonable range. No basis for interfering with the trial judge's assessment.

Court Disposition

Appeal dismissed

Orders

  • Interest awarded to respondent at judgment rate in sum of £1,126.58
  • Costs in favour of respondent