Belkovic v DSG International Plc [2015] NICA 59 (22 September 2015)

Belkovic v DSG International Plc [2015] NICA 59 (22 September 2015)

The trial judge was correct to find that the accident accelerated, but did not cause, the appellant's degenerative back condition by two years, and damages should be awarded for that period only. The calculation of loss of earnings should reflect two years from the date of accident, resulting in an increased award. The costs order abating the appellant's recoverable costs by 25% and allowing set-off of 25% of the respondent's trial costs was justified due to the appellant's conduct through his McKenzie Friend.

Citation
[2015] NICA 59
Parties
Plaintiff/appellant: Marek Belkovic; First Named Defendant/respondent: DSG International Plc; Second Named Defendant: First Choice Selection Services
Jurisdiction
Northern Ireland
Judgment Date
22 September 2015
Procedural Posture
Personal Injury Appeal / Appeal From High Court Judgment on Damages and Costs
Outcome
Appeal allowed in part (damages increased); appeal on costs dismissed
Legal Topics
Personal Injury, Damages Assessment, Costs, Negligence, Statutory Duty, Contributory Negligence
Tort Employment Law Personal Injury Damages Assessment Costs Negligence Statutory Duty Contributory Negligence

Case Brief

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Parties

Marek Belkovic

Plaintiff/appellant

DSG International Plc

First Named Defendant/respondent

First Choice Selection Services

Second Named Defendant

Procedural Posture

Personal Injury Appeal / Appeal From High Court Judgment on Damages and Costs

Legal Issues

  1. 1 Whether the trial judge erred in assessing the period of acceleration of the appellant's pre-existing degenerative back condition caused by the accident
  2. 2 Whether the award for loss of earnings was correctly calculated
  3. 3 Whether the costs order, including abatement and set-off, was appropriate

Ratio Decidendi

The trial judge was correct to find that the accident accelerated, but did not cause, the appellant's degenerative back condition by two years, and damages should be awarded for that period only. The calculation of loss of earnings should reflect two years from the date of accident, resulting in an increased award. The costs order abating the appellant's recoverable costs by 25% and allowing set-off of 25% of the respondent's trial costs was justified due to the appellant's conduct through his McKenzie Friend.

Court Disposition

Appeal allowed in part (damages increased); appeal on costs dismissed

Orders

  • General damages and loss of amenity confirmed at £30,500
  • Special damages for loss of earnings increased to £19,250