Summary of Recent Cases – Substantive Law




DAMAGES

Court Of Appeal Interfered With Judge’s Assessment Of General Damages In A Case Of Multiple Personal Injuries

Sadler v. Filipiak & Anor, CA, 10/10/11

Whilst recognising that an appellate court would only interfere in exceptional cases, the Court of Appeal held that the judge below had taken the wrong approach to the assessment of general damages for pain, suffering and loss of amenity in a case of multiple personal injuries and accordingly it was entitled to look at his judgment afresh and substitute its own figure. The Court of Appeal held that the correct approach was to consider separate figures for each injury and then assess whether the total award was sufficient to compensate the claimant for the totality of her injuries. The judge had first formed an overall impression as to the total award and then broken the award down in respect of the various injuries. In so doing, the Court of Appeal held that he had erred. The award of ВЈ32,000.00 was increased to ВЈ40,000.00.

November 19, 2011 В· Editorial Team В· Comments Closed
Posted in: Cases