Abbs v Somerfield Plc
Mr Abbs is entitled to damages at the severe bracket for pain, suffering, and loss of amenity due to the significant injury and likelihood of hip replacement. He was not unreasonable in refusing to seek alternative employment given his age, disability, lack of skills, and psychological factors. All agreed and...
Source-derived case information.
- Parties
- Claimant: Mr Cedric Abbs; Defendant: Somerfield Plc
- Jurisdiction
- England and Wales
- Judgment Date
- 13 April 2010
- Procedural Posture
- Negligence Action / Judgment After Trial on Quantum
- Outcome
- Judgment for claimant on quantum
- Legal Topics
- Negligence, Damages, Loss of Earnings, Care Costs, Pain and Suffering, Mitigation of Loss
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Mr Cedric Abbs
Claimant
Somerfield Plc
Defendant
Procedural Posture
Negligence Action / Judgment After Trial on Quantum
Legal Issues
- 1 Assessment of quantum for personal injury damages
- 2 Entitlement to general damages for pain, suffering and loss of amenity
- 3 Future medical expenses for hip replacement
Ratio Decidendi
Mr Abbs is entitled to damages at the severe bracket for pain, suffering, and loss of amenity due to the significant injury and likelihood of hip replacement. He was not unreasonable in refusing to seek alternative employment given his age, disability, lack of skills, and psychological factors. All agreed and substantiated heads of loss are awarded, including future medical, care, assistance, and holiday expenses.
Court Disposition
Judgment for claimant on quantum
Orders
- Award of £30,000 for general damages
- Award of £9,600 for future hip replacement operation
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment