Willbye v Gibbons

Willbye v Gibbons

The awards for pain, suffering and loss of amenity and for past and future care were within the permissible range and properly discounted for family care; the award for loss of congenial employment was excessive and reduced; future care should be assessed globally, not by discrete contingencies; accommodation adaptation costs allowed but not full accommodation claim; ongoing Court of Protection costs recoverable as awarded.

Parties
Appellant: Rebecca Claire Willbye; Respondent: Brian Gibbons
Jurisdiction
England and Wales
Judgment Date
19 March 2003
Procedural Posture
Civil Appeal Personal Injury / Appeal From County Court Judgment on Quantum of Damages
Outcome
Appeal and cross-appeal both allowed in part; damages varied and reduced.
Legal Topics
Assessment of Damages, Care Costs, Future Losses, Contributory Negligence, Court of Protection Costs
Tort Law Personal Injury Assessment of Damages Care Costs Future Losses Contributory Negligence Court of Protection Costs

Case Brief

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Parties

Rebecca Claire Willbye

Appellant

Brian Gibbons

Respondent

Procedural Posture

Civil Appeal Personal Injury / Appeal From County Court Judgment on Quantum of Damages

Legal Issues

  1. 1 Whether the award for pain, suffering and loss of amenity was too low
  2. 2 Appropriate calculation and discount for past and future care provided by family
  3. 3 Appropriate award for loss of congenial employment

Ratio Decidendi

The awards for pain, suffering and loss of amenity and for past and future care were within the permissible range and properly discounted for family care; the award for loss of congenial employment was excessive and reduced; future care should be assessed globally, not by discrete contingencies; accommodation adaptation costs allowed but not full accommodation claim; ongoing Court of Protection costs recoverable as awarded.

Court Disposition

Appeal and cross-appeal both allowed in part; damages varied and reduced.

Orders

  • Appellant's damages reduced by £14,950.64.
  • Appellant to repay that sum to respondent's solicitors by 14 May 2003.