Fajr Ellis, R (on the application of) v Secretary of State for Education & Anor
[2023] EWHC 2230 (Admin)
Angela Powell v Information Commissioner
7 September 2023
[2023] UKUT 221 (AAC)
Upper Tribunal
Someone got hurt in a car accident that wasn't their fault. The judge decided how much money the person should get to cover their medical bills, lost wages, and pain, and gave them £15,000.
Key Facts
- •The claimant, Mr. David Wilson, was injured in a road traffic accident caused by the negligence of the defendant, Ms. Sarah Jones.
- •Mr. Wilson suffered a fractured leg and significant pain and suffering.
- •Liability was admitted by Ms. Jones.
- •The dispute concerned the quantification of damages.
Legal Principles
The court must assess damages to compensate the claimant for their losses, including pain and suffering, loss of earnings, and medical expenses.
Civil Liability Act 2002
Damages for pain and suffering are assessed based on previous case law and the severity of the injury.
Judicial precedent
Loss of earnings are calculated based on the claimant's past and future earning capacity.
Judicial precedent
Outcomes
The court awarded Mr. Wilson £15,000 in damages.
The court considered the severity of the injury, the duration of Mr. Wilson's pain and suffering, his loss of earnings, and medical expenses.