Lindsay v Wood

Lindsay v Wood

Given the claimant's status as a patient and the significant change in circumstances affecting the assessment of damages, the court should allow the claimant to seek reconsideration of the damages award, as the interests of justice require the opportunity to review the assessment in light of new facts.

Parties
Claimant: Lindsay; Defendant: Wood
Jurisdiction
England and Wales
Judgment Date
18 October 2007
Procedural Posture
Civil (family Division) / Application to Re Open Assessment of Damages After Judgment But Before Perfected Order
Outcome
Application to re-open the assessment of damages allowed.
Legal Topics
Assessment of Damages, Jurisdiction to Re Open Judgment, Capacity of Litigant, Exceptional Circumstances
Family Law Civil Procedure Assessment of Damages Jurisdiction to Re Open Judgment Capacity of Litigant Exceptional Circumstances

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Parties

Lindsay

Claimant

Wood

Defendant

Procedural Posture

Civil (family Division) / Application to Re Open Assessment of Damages After Judgment But Before Perfected Order

Legal Issues

  1. 1 Whether the court should permit re-opening of the assessment of damages after judgment but before the order is perfected, due to a material change in circumstances and the claimant's lack of full capacity

Ratio Decidendi

Given the claimant's status as a patient and the significant change in circumstances affecting the assessment of damages, the court should allow the claimant to seek reconsideration of the damages award, as the interests of justice require the opportunity to review the assessment in light of new facts.

Court Disposition

Application to re-open the assessment of damages allowed.

Orders

  • The claimant is permitted to seek reconsideration of the assessment of damages in light of the changed circumstances.