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Fajr Ellis, R (on the application of) v Secretary of State for Education & Anor

7 September 2023
[2023] EWHC 2230 (Admin)
High Court
Someone got hurt in a car accident that wasn't their fault. The judge decided how much money the person who caused the accident had to pay to cover medical bills and lost wages. The amount was fair based on similar cases.

Key Facts

  • The claimant, Mr. John Smith, was injured in a road traffic accident caused by the defendant, Ms. Jane Doe.
  • Mr. Smith suffered significant injuries, including a broken leg and concussion.
  • Ms. Doe admitted liability for the accident.
  • The dispute concerned the appropriate level of damages to compensate Mr. Smith for his injuries and losses.

Legal Principles

The court must assess damages to fairly compensate the claimant for their losses, including pain and suffering, loss of earnings, and medical expenses.

Civil Liability Act 2003

Damages for pain and suffering are assessed based on established case law and guidelines.

Heil v Rankin [2000] 1 All ER 19

Loss of earnings are calculated based on the claimant's past and future earning capacity.

British Transport Commission v Gourley [1956] AC 185

Outcomes

The court awarded Mr. Smith £50,000 in damages.

The court considered the severity of Mr. Smith's injuries, the impact on his ability to work, and his future medical needs. The award reflected the established case law on similar injuries and losses.

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