Source: All England Reporter
Publisher Citation: [2004] All ER (D) 367 (Feb)
Court: Queen's Bench Division
Judge:

Eady J

Representation Brian Langstaff QC (instructed by Kingsley Napley) for the claimant.
  Simon Brown QC (instructed by Hextall Erskine) for the defendant.
Judgment Dates: 23 February 2004

Catchwords

Damages and compensation - Personal injury - Assessment of damages - Future cost of care - Claimant detained in special hospital - Cost of future care likely to be incurred only if claimant discharged - Application indefinitely to postpone assessment of cost of care.

The Case

In the circumstances of the case, where the claimant, who had suffered a brain injury in a road traffic accident, was detained in a secure special hospital and was likely to remain so for the foreseeable future, having regard to the interests of finality, it was not appropriate indefinitely to adjourn the assessment of the costs of any future care necessitated by his injury which the claimant might require if he was discharged.

Practice Areas

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