Foreman v Williams [2017] EWHC 3370 (QB) (21 December 2017)

Foreman v Williams [2017] EWHC 3370 (QB) (21 December 2017)

Relief from sanctions was granted because the Claimant's default was caused entirely by the Defendant's evasive conduct. The trial proceeded in the Defendant's absence as he had notice and deliberately avoided participation. Quantum was assessed based on the evidence, with awards for general damages, special damages, care, travel, and Smith v Manchester, reflecting the Claimant's injuries and ongoing disability.

Citation
[2017] EWHC 3370
Parties
Claimant: Mr Michael Foreman; Defendant: Mr Graham Williams
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Personal Injury Quantum Only / Trial (quantum Assessment)
Outcome
Claim allowed; judgment for Claimant.
Legal Topics
Quantum of Damages, Relief From Sanctions, Default Judgment, Assessment of Evidence, Care Claims, Loss of Earnings, Smith V Manchester Award
Tort Personal Injury Quantum of Damages Relief From Sanctions Default Judgment Assessment of Evidence Care Claims Loss of Earnings +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 11
Sign in to unlock

Parties

Mr Michael Foreman

Claimant

Mr Graham Williams

Defendant

Procedural Posture

Personal Injury Quantum Only / Trial (quantum Assessment)

Legal Issues

  1. 1 Whether relief from sanctions should be granted for late service of documents
  2. 2 Whether the trial should proceed in the absence of the Defendant
  3. 3 Assessment of quantum for personal injuries and related losses

Ratio Decidendi

Relief from sanctions was granted because the Claimant's default was caused entirely by the Defendant's evasive conduct. The trial proceeded in the Defendant's absence as he had notice and deliberately avoided participation. Quantum was assessed based on the evidence, with awards for general damages, special damages, care, travel, and Smith v Manchester, reflecting the Claimant's injuries and ongoing disability.

Court Disposition

Claim allowed; judgment for Claimant.

Orders

  • Defendant to pay Claimant £99,449.08 inclusive of general damages, special damages, and interest.
  • Defendant to pay Claimant's costs on the standard basis, subject to detailed assessment if not agreed.