Edwards v Martin [2010] EWHC 570 (QB) (23 March 2010)

Edwards v Martin [2010] EWHC 570 (QB) (23 March 2010)

Claimant entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, care, accommodation, therapies, holidays, and Court of Protection costs; breakdown of relationship and need for separate accommodation are foreseeable consequences of injury; deduction for contributory negligence applied; multipliers for future losses determined per Ogden Tables; Claimant requires lifelong support and case management.

Citation
[2010] EWHC 570
Parties
Claimant: Simon Edwards; Litigation Friend: Keith Edwards; Defendant: Stuart Martin
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Personal Injury / Assessment of Damages
Outcome
Damages assessed for claimant subject to 15% deduction for contributory negligence.
Legal Topics
Assessment of Damages, Contributory Negligence, Capacity Under Mental Capacity Act 2005, Loss of Earnings, Care Costs, Accommodation Costs
Tort Law Personal Injury Assessment of Damages Contributory Negligence Capacity Under Mental Capacity Act 2005 Loss of Earnings Care Costs Accommodation Costs

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Parties

Simon Edwards

Claimant

Keith Edwards

Litigation Friend

Stuart Martin

Defendant

Procedural Posture

Personal Injury / Assessment of Damages

Legal Issues

  1. 1 Extent of damages for severe traumatic brain injury
  2. 2 Appropriate deduction for contributory negligence
  3. 3 Claimant's capacity under Mental Capacity Act 2005

Ratio Decidendi

Claimant entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, care, accommodation, therapies, holidays, and Court of Protection costs; breakdown of relationship and need for separate accommodation are foreseeable consequences of injury; deduction for contributory negligence applied; multipliers for future losses determined per Ogden Tables; Claimant requires lifelong support and case management.

Court Disposition

Damages assessed for claimant subject to 15% deduction for contributory negligence.

Orders

  • General damages for pain, suffering and loss of amenity: £90,000
  • Past loss of earnings: £138,283.82