Taylor v Chesworth & Anor [2007] EWHC 1001 (QB) (30 April 2007)

Taylor v Chesworth & Anor [2007] EWHC 1001 (QB) (30 April 2007)

The claimant's reasonable needs require provision for 24-hour care for a substantial period, with the level of support reducing to 16 hours/day and then 8 hours/day over time, reflecting periods of crisis and stability. In-patient care is not required as a primary solution but may be needed contingently during crises. The claimant is entitled to damages for alternative accommodation and ongoing case management. The structure of damages should reflect these periods and needs, based on the agreed multiplier.

Citation
[2007] EWHC 1001
Parties
Claimant: Mark Calvin Taylor (a patient by Andrew Cusworth, his litigation friend); Defendant: Stuart Chesworth; Second Defendant: The Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
30 April 2007
Procedural Posture
Personal Injury/quantum Assessment / Judgment on Quantum (assessment of Damages) After Liability Determined by Consent
Outcome
Judgment for the claimant on quantum; approval of structured damages for future care, case management, and accommodation.
Legal Topics
Assessment of Damages, Future Care Costs, Brain Injury, Reasonableness of Care, Structured Settlements, Accommodation Claims
Personal Injury Tort Law Assessment of Damages Future Care Costs Brain Injury Reasonableness of Care Structured Settlements Accommodation Claims

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Parties

Mark Calvin Taylor (a patient by Andrew Cusworth, his litigation friend)

Claimant

Stuart Chesworth

Defendant

The Motor Insurers' Bureau

Second Defendant

Procedural Posture

Personal Injury/quantum Assessment / Judgment on Quantum (assessment of Damages) After Liability Determined by Consent

Legal Issues

  1. 1 What is the reasonable level and duration of future care and case management required for the claimant?
  2. 2 Is in-patient (residential) care required and if so, for what period?
  3. 3 Is the claimant entitled to alternative accommodation costs?

Ratio Decidendi

The claimant's reasonable needs require provision for 24-hour care for a substantial period, with the level of support reducing to 16 hours/day and then 8 hours/day over time, reflecting periods of crisis and stability. In-patient care is not required as a primary solution but may be needed contingently during crises. The claimant is entitled to damages for alternative accommodation and ongoing case management. The structure of damages should reflect these periods and needs, based on the agreed multiplier.

Court Disposition

Judgment for the claimant on quantum; approval of structured damages for future care, case management, and accommodation.

Orders

  • Provision for 24-hour care for 15 years, 16-hour care for 10 years, and 8-hour care for 5.79 years, based on a multiplier of 30.79.
  • Damages awarded for alternative accommodation to meet care needs.