Evans v Pontypridd Roofing Ltd
330 words (1 pages) Case Summary
16th Jul 2019 Case Summary Reference this In-house law team
Jurisdiction / Tag(s): UK Law
Evans v Pontypridd Roofing Ltd  EWCA Civ 1657
QUANTIFICATION OF DAMAGES
Due to the negligence of the defendant roofing company, the claimant fell from a roof, causing severe injuries to his right arm. As a result, it was necessary for his wife to give him extensive physical care and assist him with almost every physical task. The claimant developed severe clinical depression and became suicidal (a condition which he had a known predisposition to). He also began to rely heavily on his wife for emotional support.
At first instance the judge granted an award of damages for the gratuitous care provided by the claimant’s wife, based on the claimant’s requirement for constant care. However, the defendant appealed, arguing that this was excessive as many of the care activities provided were not strictly required as a direct result of the claimant’s physical injuries.
The issue before the Court of Appeal was whether the assessment of damages should include psychological elements of care such as companionship or emotional support, or should be limited strictly to the physical care which was required to assist with activities the claimant could not undertake as a result of the injury to his arm.
The Court unanimously upheld the award made by the trial judge. It was held that although the requirement for a causal connection between the care requirement and the negligence was strict, there is no limitation to physical or medically prescribed care. Each case must be determined on its unique facts. In the words of May LJ:
“The services should not exceed those which are properly determined to be care services consequent upon the claimant’s injuries, but they [are] not… limited in every case to a stop-watch calculation of actual nursing or physical assistance” (para. 30).
Cite This Work
To export a reference to this article please select a referencing stye below:
Related ServicesView all
Related ContentJurisdictions / Tags
Content relating to: "UK Law"
UK law covers the laws and legislation of England, Wales, Northern Ireland and Scotland. Essays, case summaries, problem questions and dissertations here are relevant to law students from the United Kingdom and Great Britain, as well as students wishing to learn more about the UK legal system from overseas.
Case Study: Entrapment in Criminal Law
Prior to the enactment of the ECHR by the Human Rights Act 1998 there had been different interpretations of S101 of the Magistrates Court Act....
The Ground for Actions and Any Defences
In the case of Murphy v Brentwood, the defendant being the Local Authority had failed to inspect the foundations of a building. The foundations......