Chapter Updates

Chapter 14: Sanctions and Remedies

Tort damages – record damages award in March 2007

It was reported in March 2007 that a judge at Birmingham’s High Court has made what appears to be a record damages award in a personal injury case. Mrs Justice Cox announced an award of £8.5 million against the insurance company Norwich Union and in favour of the claimant, Leanne Evans, arising from a road accident that had seriously injured Miss Evans, then aged 13, nine years ago. The driver responsible for the incident, who was 79 years of age at the time and had driven into Miss Evans at a pelican crossing, was convicted of the criminal offence of careless driving and fined £75 in the magistrates’ court; his insurer, Norwich Union, accepted liability in response to this civil claim. The parties in the case negotiated on the size of the settlement and were commended by the judge for the degree of “compromise» shown by both sides.

Miss Evans’ claim was managed by solicitor Richard Langton, of Birmingham’s Russell Jones and Walker firm, who is currently President of the Association of Personal Injury Lawyers. He cautioned against the view that such an award was like a “lottery win” for the Evans family: “Having known what this family has been through – and will carry on going through – I am sure no one would want to swap places with them.”

So was the size of this award justified? From the facts available, we know that Leanne Evans was a bright girl at 13 and that the accident has seriously affected her memory, confined her to a wheelchair and led her to require round–the–clock care; her parents also gave up work to look after her (a factor that the judge thought “worthy of the greatest respect and admiration”). The award will pay for physiotherapy, occupational therapy, speech and language therapy, and psychotherapy; for continued round–the–clock care; and for a specially adapted vehicle to aid her mobility. Richard Langton said that “she deserves as much help as possible to allow her to live as normal a life as she can”. Her family gave a clear illustration of the point: “This award will at least give her a limited quality of life and allow her to do some of the things that every other 22–year old likes to do, like going to…pop concerts, going to the theatre and having a holiday, as well as making sure she has all the medical care that she needs.” In making your mind up about the damages award in this case, consider the textbook at pp295–300, paying particular attention to the rationale for tort damages and the various heads of damage that can be claimed.