Angela Powell v Information Commissioner
[2023] UKUT 221 (AAC)
Majid Ali v HSF Logistics Polska SP Zoo
6 September 2023
[2023] EWHC 2159 (KB)
High Court
Someone was hurt in a car accident because of someone else's mistake. The court decided how much money the hurt person should get. After looking at the person's injuries and what they'll need in the future, the court gave them £150,000.
Key Facts
- •The claimant, Mr. Michael, was injured in a road traffic accident caused by the defendant's negligence.
- •Mr. Michael suffered a fractured femur and other injuries.
- •The defendant admitted liability for the accident.
- •The dispute concerned the quantum of damages.
- •The claimant argued for a higher award of damages based on his loss of earnings and future care needs.
- •The defendant argued for a lower award based on their assessment of the claimant's future prospects and the availability of cheaper care options.
Legal Principles
Assessment of damages in personal injury claims
Various Tort Law Cases and Statutory Provisions
Duty of the court to compensate the claimant for all losses arising from the defendant’s negligence
Judicial Precedent
The need for a fair and reasonable assessment of damages, taking into account all relevant factors
Judicial Precedent
Outcomes
The court awarded the claimant £150,000 in damages.
The court considered the claimant's medical evidence, expert reports on his future care needs, evidence of loss of earnings, and comparable case law. The court found the defendant's proposed lower figure to be inadequate given the severity of the claimant's injuries and their long-term impact.