Lowe v Guise [2002] EWCA Civ 197 (26th February, 2002)

Parties

Procedural Posture

Personal Injury Appeal / Appeal From Preliminary Issues Decision

Legal Issues

1. 1 Whether an injured claimant can recover damages for loss of ability to provide gratuitous carer services to a family member in English law
2. 2 Whether loss of earning capacity should be assessed without reference to the claimant's pre-accident voluntary care obligations

Ratio Decidendi

An injured claimant who loses the ability to provide gratuitous carer services to a family member living in the same household suffers a real loss, which is compensable under English common law, even though Parliament has not enacted a statutory provision as in Scotland. The loss is the claimant's, not the relative's, and can be valued in pecuniary terms. However, loss of earning capacity must be assessed with reference to the claimant's pre-accident voluntary care obligations; the trial court is not fettered and must consider the realities of the claimant's circumstances.

Court Disposition

appeal allowed in part

Orders

• Appellant entitled to claim for loss of ability to provide carer services to his brother, subject to assessment of quantum.
• Loss of earning capacity claim must be assessed with reference to pre-accident care obligations; trial judge to consider all appropriate matters.