Patel v Wright & Anor [2005] EWHC 347 (QB) (11 March 2005)

Patel v Wright & Anor [2005] EWHC 347 (QB) (11 March 2005)

The court determined the claimant's life expectancy at 70 years, adopted a 16:8 waking/sleeping care split, required team leader hours to include 8 hours hands-on care, allowed 2 months of 24-hour waking care post-discharge, denied additional case management hours, awarded costs for one cycle of assisted conception, and set video telephone costs at current rates. All awards are subject to a 25% reduction for contributory negligence.

Citation
[2005] EWHC 347
Parties
Claimant: Bhawesh Patel (by his wife and litigation friend Miksha Patel); Defendant: Michael John Wright; Defendant: Midas Security Group Limited
Jurisdiction
England and Wales
Judgment Date
11 March 2005
Procedural Posture
Personal Injury Negligence / Assessment of Damages Following Liability Judgment With Contributory Negligence
Outcome
Judgment for the claimant on disputed heads of damages, subject to 25% reduction for contributory negligence; parties to calculate final figures per court's rulings.
Legal Topics
Assessment of Damages, Contributory Negligence, Life Expectancy, Care Costs, Assisted Conception, Future Losses
Tort Law Personal Injury Assessment of Damages Contributory Negligence Life Expectancy Care Costs Assisted Conception Future Losses

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Parties

Bhawesh Patel (by his wife and litigation friend Miksha Patel)

Claimant

Michael John Wright

Defendant

Midas Security Group Limited

Defendant

Procedural Posture

Personal Injury Negligence / Assessment of Damages Following Liability Judgment With Contributory Negligence

Legal Issues

  1. 1 Determination of claimant's life expectancy for damages calculation
  2. 2 Appropriate split between waking and sleeping care hours
  3. 3 Allocation of team leader hours between supervisory and hands-on care

Ratio Decidendi

The court determined the claimant's life expectancy at 70 years, adopted a 16:8 waking/sleeping care split, required team leader hours to include 8 hours hands-on care, allowed 2 months of 24-hour waking care post-discharge, denied additional case management hours, awarded costs for one cycle of assisted conception, and set video telephone costs at current rates. All awards are subject to a 25% reduction for contributory negligence.

Court Disposition

Judgment for the claimant on disputed heads of damages, subject to 25% reduction for contributory negligence; parties to calculate final figures per court's rulings.

Orders

  • Life expectancy fixed at 70 years (multiplier 23.9)
  • Care split of 16 waking and 8 sleeping hours per day