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

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

The claimant is entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, care, accommodation, and associated costs, as the severe brain injury directly caused permanent cognitive and behavioural impairment, the breakdown of his relationship, and consequent need for separate accommodation and support. The losses claimed are not too remote, are reasonably foreseeable, and are recoverable. The claimant requires lifelong support at a reduced level, and is capable of some part-time work, reflected in the deduction for residual earning capacity. The claimant does not lack capacity for all purposes but the costs incurred for Court of Protection are recoverable....

Citation
[2010] EWHC 570 (QB)
Parties
Claimant: Simon Edwards (by his Father and Litigation Friend, Keith Edwards); Defendant: Stuart Martin
Jurisdiction
England and Wales
Judgment Date
23 March 2010
Procedural Posture
Personal Injury Assessment of Damages / High Court Trial Judgment on Quantum
Outcome
Damages awarded to claimant, subject to 15% deduction for contributory negligence.
Legal Topics
Assessment of Damages, Brain Injury, Contributory Negligence, Capacity Under Mental Capacity Act 2005, Loss of Earnings, Care Costs, Accommodation Costs
Personal Injury Tort Law Assessment of Damages Brain Injury Contributory Negligence Capacity Under Mental Capacity Act 2005 Loss of Earnings Care Costs +1 more

Case Brief

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Parties

Simon Edwards (by his Father and Litigation Friend, Keith Edwards)

Claimant

Stuart Martin

Defendant

Procedural Posture

Personal Injury Assessment of Damages / High Court Trial Judgment on Quantum

Legal Issues

  1. 1 Assessment of damages for severe traumatic brain injury
  2. 2 Whether the breakdown of the claimant's relationship and resulting accommodation needs are recoverable heads of loss
  3. 3 Appropriate level of future care and case management

Ratio Decidendi

The claimant is entitled to damages for pain, suffering, loss of amenity, past and future loss of earnings, care, accommodation, and associated costs, as the severe brain injury directly caused permanent cognitive and behavioural impairment, the breakdown of his relationship, and consequent need for separate accommodation and support. The losses claimed are not too remote, are reasonably foreseeable, and are recoverable. The claimant requires lifelong support at a reduced level, and is capable of some part-time work, reflected in the deduction for residual earning capacity. The claimant does not lack capacity for all purposes but the costs incurred for Court of Protection are recoverable....

Court Disposition

Damages awarded to 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