Loughlin v Singh & Ors

Loughlin v Singh & Ors

Future care and case management costs should be assessed based on a progressive reduction over four years, with an annual sum of £65,000 for the first four years and £45,800 thereafter; interest on damages should be awarded under section 35A at specified rates until 16 September 2013, and at 8% under section 17 from 14 days after that date for crystallised amounts.

Parties
Claimant: Kristopher Loughlin (by his mother and litigation friend, Barbara Anne Kennedy, formerly known as Loughlin); Defendant: Kenneth Dal Singh; Defendant: Pama & Co Limited; Defendant: Churchill Insurance Company
Jurisdiction
England and Wales
Judgment Date
26 March 2014
Procedural Posture
Personal Injury / Post Trial Assessment of Damages
Outcome
Judgment entered against the Second Defendant; damages and interest awarded as specified.
Legal Topics
Assessment of Damages, Future Care Costs, Interest on Damages
Tort Personal Injury Assessment of Damages Future Care Costs Interest on Damages

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Parties

Kristopher Loughlin (by his mother and litigation friend, Barbara Anne Kennedy, formerly known as Loughlin)

Claimant

Kenneth Dal Singh

Defendant

Pama & Co Limited

Defendant

Churchill Insurance Company

Defendant

Procedural Posture

Personal Injury / Post Trial Assessment of Damages

Legal Issues

  1. 1 Appropriate quantum for future care and case management costs
  2. 2 Appropriate rate and period for interest on damages

Ratio Decidendi

Future care and case management costs should be assessed based on a progressive reduction over four years, with an annual sum of £65,000 for the first four years and £45,800 thereafter; interest on damages should be awarded under section 35A at specified rates until 16 September 2013, and at 8% under section 17 from 14 days after that date for crystallised amounts.

Court Disposition

Judgment entered against the Second Defendant; damages and interest awarded as specified.

Orders

  • Annual sum of £65,000 for care and case management for first four years.
  • Annual sum of £45,800 for care and case management thereafter.