Swift v Carpenter [2018] EWHC 2060 (QB) (06 July 2018)

Swift v Carpenter [2018] EWHC 2060 (QB) (06 July 2018)

The court held that the claimant is entitled to damages sufficient to meet her reasonable needs arising from her injuries, including the provision of both Meridium and Elation prosthetics for life, appropriate care and case management, aids and equipment, and other consequential losses, as these are reasonable and proportionate to restore her to her pre-accident position as far as possible.

Citation
[2018] EWHC 2060 (QB)
Parties
Claimant: Charlotte Swift; Defendant: Malcolm Carpenter
Jurisdiction
England and Wales
Judgment Date
06 July 2018
Procedural Posture
Personal Injury Quantum Only / High Court Trial on Assessment of Damages
Outcome
Claim allowed in part; quantum determined for disputed heads of loss.
Legal Topics
Assessment of Damages, Quantum, Compensatory Damages, Prosthetics, Care Costs, Loss of Earnings, Accommodation Claims
Tort Law Personal Injury Assessment of Damages Quantum Compensatory Damages Prosthetics Care Costs Loss of Earnings +1 more

Case Brief

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Parties

Charlotte Swift

Claimant

Malcolm Carpenter

Defendant

Procedural Posture

Personal Injury Quantum Only / High Court Trial on Assessment of Damages

Legal Issues

  1. 1 What is the reasonable quantum of damages for the claimant's injuries and consequential losses?
  2. 2 What prosthetic and care needs are reasonable and compensable?
  3. 3 What is the appropriate assessment of future loss, including care, aids, equipment, transport, accommodation, and loss of earnings?

Ratio Decidendi

The court held that the claimant is entitled to damages sufficient to meet her reasonable needs arising from her injuries, including the provision of both Meridium and Elation prosthetics for life, appropriate care and case management, aids and equipment, and other consequential losses, as these are reasonable and proportionate to restore her to her pre-accident position as far as possible.

Court Disposition

Claim allowed in part; quantum determined for disputed heads of loss.

Orders

  • Provision for Meridium and Elation prosthetics for life at specified cycles and costs.
  • Provision for water activity and sports activity limbs as claimed.