Summary of Recent Cases – Substantive Law


DAMAGES

Claimant Awarded £70,000 For Pain, Suffering And Loss Of Amenity Following Severe Sexual Abuse

BJM v. Eyre & 3 Ors, DR (Leeds), 12/11/10

Swift J DBE awarded the Claimant £70,000 damages for pain, suffering and loss of amenity suffered following severe and prolonged sexual abuse inflicted upon him as a child and which had led to him suffering mental health problems, attempting suicide and alcohol and drug abuse. In assessing those damages, Swift J DBE took into account the Claimant’s pre-existing problems and found it probable that the Claimant would therefore have suffered some difficulties but for the sexual abuse.

Inappropriate To Adjourn Assessment Of Damages Until Change In 2.5% Discount Rate Considered

Love v. Dewsbury, QBD, 19/11/10

HHJ O’Brien (sitting as a deputy judge of the High Court) held that it was inappropriate to adjourn the assessment of damages in a personal injury action until the 2.5% discount rate pursuant to the Damages Act 1996 was potentially reconsidered by the Lord Chancellor. The discount rate had been known when the claim was issued and there were no special circumstances which justified anything other than the standard 2.5% discount rate to be applied. Accordingly, the High Court was bound to apply the law as it stood at the assessment of damages hearing.

December 16, 2010 · Editorial Team · Comments Closed
Posted in: Cases