Wilson v Gilroy & Anor [2009] NICA 48 (13 October 2009)

Wilson v Gilroy & Anor [2009] NICA 48 (13 October 2009)

The trial judge's award for general damages was within the appropriate bracket for moderately severe psychiatric injury and not wholly erroneous; however, the multiplier/multiplicand method for future loss was inappropriate given uncertainties, warranting a broad brush lump sum assessment. The plaintiff is entitled to additional compensation for future loss and interest on damages.

Citation
[2009] NICA 48
Parties
Plaintiff/appellant: Robert Wesley Wilson; Defendant/respondent: James Anthony Gilroy; Defendant/respondent: Motor Insurers' Bureau
Jurisdiction
Northern Ireland
Judgment Date
13 October 2009
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Assessment of Damages, Psychiatric Injury, Interest on Damages, Future Loss Calculation
Tort Personal Injury Insurance Assessment of Damages Psychiatric Injury Interest on Damages Future Loss Calculation

Case Brief

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Parties

Robert Wesley Wilson

Plaintiff/appellant

James Anthony Gilroy

Defendant/respondent

Motor Insurers' Bureau

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the award for general damages was wholly erroneous
  2. 2 Appropriateness of the multiplier/multiplicand method for future loss
  3. 3 Entitlement to interest on damages

Ratio Decidendi

The trial judge's award for general damages was within the appropriate bracket for moderately severe psychiatric injury and not wholly erroneous; however, the multiplier/multiplicand method for future loss was inappropriate given uncertainties, warranting a broad brush lump sum assessment. The plaintiff is entitled to additional compensation for future loss and interest on damages.

Court Disposition

Appeal allowed in part

Orders

  • Future financial loss reassessed and increased to £90,000
  • Interest awarded at 2% on general damages from writ date