Taylor v Chesworth & Anor

Taylor v Chesworth & Anor

The claimant's reasonable needs require substantial periods of 24-hour care, with provision for reduced care in the medium and long term, and allowance for in-patient care during crises. The award should be structured as a combination of lump sum and periodical payments, with the MIB deemed a reasonably secure provider for PPOs. Accommodation costs are recoverable on the basis of interest on the difference in property values.

Parties
Claimant: Mark Calvin Taylor; Litigation Friend for Claimant: Andrew Cusworth; Defendant: Stuart Chesworth; Second Defendant: The Motor Insurers’ Bureau
Jurisdiction
England and Wales
Judgment Date
30 April 2007
Procedural Posture
Personal Injury Claim / Judgment on Quantum and Approval of Settlement
Outcome
Settlement approved under CPR Part 21; damages awarded as combination of lump sum and periodical payments.
Legal Topics
Damages Assessment, Care Costs, Contributory Negligence, Periodical Payment Orders, Accommodation Claims
Personal Injury Insurance Law Damages Assessment Care Costs Contributory Negligence Periodical Payment Orders Accommodation Claims

Case Brief

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Parties

Mark Calvin Taylor

Claimant

Andrew Cusworth

Litigation Friend for Claimant

Stuart Chesworth

Defendant

The Motor Insurers’ Bureau

Second Defendant

Procedural Posture

Personal Injury Claim / Judgment on Quantum and Approval of Settlement

Legal Issues

  1. 1 What is the reasonable level and duration of future care for the claimant?
  2. 2 Is in-patient care required and for what period?
  3. 3 What are the reasonable costs for care, case management, professional therapy, and accommodation?

Ratio Decidendi

The claimant's reasonable needs require substantial periods of 24-hour care, with provision for reduced care in the medium and long term, and allowance for in-patient care during crises. The award should be structured as a combination of lump sum and periodical payments, with the MIB deemed a reasonably secure provider for PPOs. Accommodation costs are recoverable on the basis of interest on the difference in property values.

Court Disposition

Settlement approved under CPR Part 21; damages awarded as combination of lump sum and periodical payments.

Orders

  • Award of damages for care, case management, professional therapy, accommodation, and other heads as specified.
  • Care costs awarded: 24-hour care for multiplier of 15, 16-hour care for multiplier of 10, 8-hour care for balance.