Category Measure of Damages

FATAL ACCIDENT DAMAGES: A RECENT CASE: LIFE EXPECTANCY; DAMAGES FOR LOSS OF SERVICES & LOSS OF CARE & ATTENTION

In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.   THE CASE The claimant was the widow whose husband died from a cardiac arrest.   It was successfully argued that that the presence […]

ROBERTS -v- JOHNSTONE AFTER THE CHANGE IN DISCOUNT RATE: A HIGH COURT DECISION

The recent change in the discount rate was covered on this blog.  One issue that arose was how the courts were going to treat the Roberts -v- Johnstone approach to accommodation claims.  It was not practical to use a multiplier that was a minus figure. In JR -v- Sheffield Teaching Hospitals NHS Foundation Trust [2017] […]

Asbestos: Breach, Causation and Damages David Kearns v Delta Steeplejacks Limited [2017] EWHC 149 (QB)

By Sabrina Hartshorn   Where an apportionment for exposure to asbestos was carried out using a time based apportionment as opposed to a dose based apportionment A copy of this case can be found at http://www.bailii.org/ew/cases/EWHC/QB/2017/149.html Key points The diffuse pleural thickening in the claimant’s right lung had been caused by asbestos exposure. The position […]