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 as the Claimant's failures were caused by the Defendant's deliberate avoidance of proceedings. The trial proceeded in the Defendant's absence as he had notice and opportunity to participate. Damages were assessed based on medical evidence, care needs, loss of earnings, and other heads of loss, resulting in a total award of £99,449.08 to the Claimant.

Citation
[2017] EWHC 3370 (QB)
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 Judgment
Outcome
Claim allowed; judgment for Claimant.
Legal Topics
Quantum of Damages, Relief From Sanctions, Default Judgment, Assessment of Damages, Personal Injury Compensation, Care Claims, Loss of Earnings, Smith V Manchester Award
Tort Personal Injury Quantum of Damages Relief From Sanctions Default Judgment Assessment of Damages Personal Injury Compensation Care Claims +2 more

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Parties

Mr Michael Foreman

Claimant

Mr Graham Williams

Defendant

Procedural Posture

Personal Injury Quantum Only / Trial Judgment

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 as the Claimant's failures were caused by the Defendant's deliberate avoidance of proceedings. The trial proceeded in the Defendant's absence as he had notice and opportunity to participate. Damages were assessed based on medical evidence, care needs, loss of earnings, and other heads of loss, resulting in a total award of £99,449.08 to the Claimant.

Court Disposition

Claim allowed; judgment for Claimant.

Orders

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