Dixon v Were [2004] EWHC 2273 (QB) (26 October 2004)

Dixon v Were [2004] EWHC 2273 (QB) (26 October 2004)

The claimant is entitled to damages reflecting a realistic baseline career in financial services, with staged earnings, remuneration package benefits, and pension contributions, but not for speculative loss of a chance of very high earnings. The claimant lacks mental capacity for fund management and litigation,...

Source-derived case information.

Citation
[2004] EWHC 2273 (QB)
Parties
Claimant: Simon Nicholas Dixon (by his Mother & Litigation Friend Pauline Dixon); Defendant: John Were
Jurisdiction
England and Wales
Judgment Date
26 October 2004
Procedural Posture
Personal Injury Claim / Quantum Trial Following Admission of Liability, With Issues of Contributory Negligence and Damages
Outcome
Damages awarded for personal injury, with deductions for contributory negligence; claimant confirmed as patient for fund management and litigation; court approves agreements between parties.
Legal Topics
Road Traffic Accident, Contributory Negligence, Damages Assessment, Mental Capacity, Care Costs
Personal Injury Tort Law Road Traffic Accident Contributory Negligence Damages Assessment Mental Capacity Care Costs

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Parties

Simon Nicholas Dixon (by his Mother & Litigation Friend Pauline Dixon)

Claimant

John Were

Defendant

Procedural Posture

Personal Injury Claim / Quantum Trial Following Admission of Liability, With Issues of Contributory Negligence and Damages

Legal Issues

  1. 1 Assessment of quantum for personal injury damages
  2. 2 Contributory negligence deduction
  3. 3 Loss of earnings and ancillary claims

Ratio Decidendi

The claimant is entitled to damages reflecting a realistic baseline career in financial services, with staged earnings, remuneration package benefits, and pension contributions, but not for speculative loss of a chance of very high earnings. The claimant lacks mental capacity for fund management and litigation, justifying court protection and approval of agreements. Care and case management costs are awarded based on reasonable needs and prognosis.

Court Disposition

Damages awarded for personal injury, with deductions for contributory negligence; claimant confirmed as patient for fund management and litigation; court approves agreements between parties.

Orders

  • Deduction of 27.5% for contributory negligence approved.
  • Damages for past losses (£345,000 plus interest), general damages (£147,500 plus interest), and agreed future losses awarded.