Source: All England Reporter
Publisher Citation: [2009] All ER (D) 180 (Aug)
Neutral Citation: [2009] EWHC 2490 (QB)
Court: Queen's Bench Division

Slade J (judgment delivered extempore)

Representation Anthony Coleman (instructed by Henmans LLP, Oxford) for the claimant.
  Jacqueline Perry QC (instructed by Just Law, Chelmsford) for the defendant.
Judgment Dates: 21 August 2009


Damages - Personal injury - Provisional damages - Order for provisional damages - Chance of serious deterioration in claimant's physical condition - Claimant suffering serious ankle injury through defendant's negligence - Claimant said to require further surgery carrying risk of below-knee amputation - Experts disagreeing on likelihood of amputation being required - Claimant applying for provisional damages in event of suffering amputation - Whether claimant required to prove on balance of probabilities that he would definitely undergo operation - .

The Case

Damages Personal injury. Queen's Bench Division: The court made an order for provisional damages, where, on the facts of the case, it was appropriate to do so. The court reiterated that, pursuant to s32A of the the correct test to be applied when deciding whether it was appropriate to make such an award was whether there was a possibility, as a result of the act or omission giving rise to the cause of action and on the balance of probabilities, the claimant would undergo a serious deterioration in his physical condition in the future.

Practice Areas

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