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 hour split for waking/sleeping care, required 8 of 20 team leader hours to be hands-on, allowed 2 months of 24-hour waking care post-discharge, denied extra case management hours, awarded costs for one cycle of assisted conception, and set the annual video telephone cost at £633.33, all subject to a 25% reduction for contributory negligence.

Citation
[2005] EWHC 347 (QB)
Parties
Claimant: Bhawesh Patel; Litigation Friend for Claimant: 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 After Liability Admitted With Contributory Negligence
Outcome
Damages assessed on the basis of findings, subject to 25% reduction for contributory negligence; parties to calculate final figures for approval.
Legal Topics
Assessment of Damages, Contributory Negligence, Life Expectancy, Care Costs, Assisted Conception, Future Loss Calculation
Tort Law Personal Injury Assessment of Damages Contributory Negligence Life Expectancy Care Costs Assisted Conception Future Loss Calculation

Case Brief

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Parties

Bhawesh Patel

Claimant

Miksha Patel

Litigation Friend for Claimant

Michael John Wright

Defendant

Midas Security Group Limited

Defendant

Procedural Posture

Personal Injury/negligence / Assessment of Damages After Liability Admitted 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 supervision and hands-on care

Ratio Decidendi

The court determined the claimant's life expectancy at 70 years, adopted a 16/8 hour split for waking/sleeping care, required 8 of 20 team leader hours to be hands-on, allowed 2 months of 24-hour waking care post-discharge, denied extra case management hours, awarded costs for one cycle of assisted conception, and set the annual video telephone cost at £633.33, all subject to a 25% reduction for contributory negligence.

Court Disposition

Damages assessed on the basis of findings, subject to 25% reduction for contributory negligence; parties to calculate final figures for approval.

Orders

  • Life expectancy set at 70 years (multiplier 23.9 at 2.5% discount rate)
  • Care split: 16 hours waking, 8 hours sleeping per day