Foreman v Williams

Foreman v Williams

Relief from sanctions was granted as the Claimant's default was caused entirely by the Defendant's conduct in evading proceedings. The trial proceeded in the Defendant's absence as he had notice and chose not to participate. Damages were assessed based on the evidence, applying relevant guidelines and discounts, to provide fair compensation for the Claimant's injuries and losses.

Parties
Claimant: Mr Michael Foreman; Defendant: Mr Graham Williams
Jurisdiction
England and Wales
Judgment Date
21 December 2017
Procedural Posture
Personal Injury / Quantum Trial After Default Judgment
Outcome
Claim allowed
Legal Topics
Quantum of Damages, Relief From Sanctions, Default Judgment, Assessment of General and Special Damages
Tort Personal Injury Quantum of Damages Relief From Sanctions Default Judgment Assessment of General and Special Damages

Case Brief

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Parties

Mr Michael Foreman

Claimant

Mr Graham Williams

Defendant

Procedural Posture

Personal Injury / Quantum Trial After Default 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, past and future losses, and care

Ratio Decidendi

Relief from sanctions was granted as the Claimant's default was caused entirely by the Defendant's conduct in evading proceedings. The trial proceeded in the Defendant's absence as he had notice and chose not to participate. Damages were assessed based on the evidence, applying relevant guidelines and discounts, to provide fair compensation for the Claimant's injuries and losses.

Court Disposition

Claim allowed

Orders

  • Claimant awarded £99,449.08 inclusive of general damages, special damages, and interest
  • Claimant awarded costs of the proceedings on the standard basis, subject to detailed assessment if not agreed