Hay v Konig & Anor [2002] EWCA Civ 19 (24th January, 2002)
The trial judge erred in not sufficiently discounting the multiplier for future care costs to reflect the likelihood that the claimant's support needs would decrease over time; the appropriate multiplier is 17 rather than 22, resulting in a reduced damages award.
- Citation
- [2002] EWCA Civ 19
- Parties
- Respondent: Hay; Appellant: Konig; Appellant: Motor Insurers Bureau
- Jurisdiction
- England and Wales
- Procedural Posture
- Appeal / Court of Appeal Judgment on Quantum of Damages
- Outcome
- Appeal allowed in part
- Legal Topics
- Assessment of Damages, Future Care Costs, Contributory Negligence, Multiplier and Multiplicand Approach
Case Brief
Summary, issues, holding and outcome
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Parties
Hay
Respondent
Konig
Appellant
Motor Insurers Bureau
Appellant
Procedural Posture
Appeal / Court of Appeal Judgment on Quantum of Damages
Legal Issues
- 1 Whether the trial judge erred in assessing the claimant's future care needs and the corresponding damages
- 2 Whether the American context improperly influenced the assessment of needs
- 3 Whether the evidence justified the level and duration of support awarded
Ratio Decidendi
The trial judge erred in not sufficiently discounting the multiplier for future care costs to reflect the likelihood that the claimant's support needs would decrease over time; the appropriate multiplier is 17 rather than 22, resulting in a reduced damages award.
Court Disposition
Appeal allowed in part
Orders
- The multiplier for future care costs is reduced from 22 to 17.
- The total damages award is reduced from $1,513,159 to $1,307,846.
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