Source: All England Reporter
Publisher Citation: [2001] All ER (D) 101 (Nov)
Court: Queen's Bench Division
Judge:

Gage J
Representation Michael Powers QC and Erica Power (instructed by Over Taylor Beakes, Exeter) for P.
  John Grace QC and Christina Lambert (instructed by Bevan Ashford, Bristol) for the trust.
Judgment Dates: 8 November 2001

Catchwords

Damages - Personal injury - Amount of damages - Defendant agreeing cost of future care in counter-schedule - Defendant seeking discount from agreed sum - Claimant claiming for future equipment supplied on occasion by state - Whether defendant able to claim discount in principle - Whether sum recoverable for equipment - Appropriate discount for contingencies on award for future loss of earnings.

The Case

A discount would not be awarded on a sum agreed by a defendant in a counter-schedule in an action for damages for personal injury because to allow the defendant to withdraw its admission would undermine the purpose of such schedules. Further, two thirds of the sum claimed for future clothing and equipment would be awarded to take account of the fact that the state would, on occasion, provide such equipment. Moreover, the evidence of the likely development of relevant technology was too speculative to support a claim for future technical aids.

Practice Areas

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