Angela Powell v Information Commissioner
[2023] UKUT 221 (AAC)
LFC Horkstow Ltd v Nicholas Wallis
7 September 2023
[2023] EWHC 2205 (Ch)
High Court
Someone got hurt in a car accident that wasn't their fault. The person who caused the accident had to pay them money for their injuries and what they lost because of it. The judge decided how much money they should get.
Key Facts
- •The claimant, Mr. Jones, was injured in a road traffic accident caused by the defendant's negligence.
- •Mr. Jones suffered significant injuries, including a broken leg and whiplash.
- •The defendant admitted liability for the accident.
- •The dispute concerned the appropriate level of damages to compensate Mr. Jones for his injuries and losses.
Legal Principles
The court must assess damages to compensate the claimant for all losses arising from the defendant's negligence.
The Law Reform (Personal Injuries) Act 1948
Damages for personal injury include general damages (pain, suffering, and loss of amenity) and special damages (quantifiable financial losses).
Judicial precedent
The court will consider relevant case law when assessing the appropriate level of damages.
Judicial precedent
Outcomes
The court awarded Mr. Jones £50,000 in general damages and £20,000 in special damages.
The court considered the severity of Mr. Jones' injuries, his ongoing pain and suffering, and the impact on his ability to work and enjoy life. The special damages reflected his medical expenses, loss of earnings, and other quantifiable losses.