Source: All England Reporter
Publisher Citation: [2012] All ER (D) 215 (Mar)
Court: Privy Council
Judge:

Lord Hope, Lady Hale, Lord Brown, Lord Clarke, Lord Dyson
Representation Alistair Schaff QC and Bernhard Doherty (instructed by Alan Taylor & Co) for the appellant.
  James Dingemans QC and Gordon Dawes (instructed by Mourant Ozannes) for the respondent.
Judgment Dates: 7 March 2012

Catchwords

Damages - Personal injury - Amount of Damages - Discount made for future pecuniary loss - Respondent sustaining very serious injuries in Guernsey following collision with car driven by appellant - Appellant admitting liability - Royal Court of Guernsey applying single discount rate in calculation of future loss - Respondent appealing on basis award ought to be calculated on basis of higher discount rate employing two multipliers - Court of Appeal of Guernsey allowing respondent's appeal - Appellant appealing to Privy Council - Correct approach to assessment of damages for future loss.

The Case

Damages Personal injury. Privy Council: In dismissing an appeal as to the quantum of damages awarded for serious injury following a road accident, it was held that the Court of Appeal of Guernsey had been right to intervene and substitute different discount rates for the future losses to be suffered by the respondent, being non earnings related and earnings related losses.

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