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

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

The claimant is entitled to lifelong provision of both Meridium and Elation prosthetics, reasonable aids and equipment, care and case management, and compensation for loss of earnings and accommodation, based on expert evidence and her robust pre-accident lifestyle. The court rejected defendant's proposed reductions and substitutions, finding claimant's choices reasonable and supported by evidence.

Citation
[2018] EWHC 2060
Parties
Claimant: Charlotte Swift; Defendant: Malcolm Carpenter
Jurisdiction
England and Wales
Judgment Date
06 July 2018
Procedural Posture
Personal Injury Quantum Only / High Court Judgment
Outcome
Claim for quantum allowed substantially as pleaded by claimant, with minor adjustments to certain heads of loss.
Legal Topics
Damages Assessment, Compensatory Principles, Prosthetics, Care and Case Management, Aids and Equipment, Childcare, Accommodation, Loss of Earnings
Tort Personal Injury Damages Assessment Compensatory Principles Prosthetics Care and Case Management Aids and Equipment Childcare +2 more

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Parties

Charlotte Swift

Claimant

Malcolm Carpenter

Defendant

Procedural Posture

Personal Injury Quantum Only / High Court Judgment

Legal Issues

  1. 1 Assessment of quantum for catastrophic lower limb injuries
  2. 2 Reasonableness of prosthetic provision
  3. 3 Calculation of care and case management costs

Ratio Decidendi

The claimant is entitled to lifelong provision of both Meridium and Elation prosthetics, reasonable aids and equipment, care and case management, and compensation for loss of earnings and accommodation, based on expert evidence and her robust pre-accident lifestyle. The court rejected defendant's proposed reductions and substitutions, finding claimant's choices reasonable and supported by evidence.

Court Disposition

Claim for quantum allowed substantially as pleaded by claimant, with minor adjustments to certain heads of loss.

Orders

  • Provision for Meridium prosthesis for life at £35,260 per six-year cycle.
  • Provision for Elation prosthesis for life.