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Swift –v- Carpenter

23rd – 25th June 2020

The Claimant appeals (with permission in part) from the order of Mrs J Lambert dated 2 August 2018, sitting in the QBD on a quantum only trial, giving judgment for the Claimant in the sum of GBP 4,098,051.00 for all heads of loss, including interest, in full and final settlement of her claim; making consequential costs orders and giving the Claimant permission to appeal the ruling that there should be no award for the capital costs of special accommodation.

High value personal injury claim arising from a road traffic accident on 31 October 2013. Liabiity admitted. Claimant suffered a below the knee left leg amputation and had a significant injury to her other leg and has severe phantom limb pains.

Permission granted and sought in respect only of one issue- the additional capital accommodation costs associated with the Claimant’s disability. Judge found the value of the house now needed was GBP 900,000 more than the value of the house Claimant would have needed. Given the current negative discount rate of (0.75%) the application of the Roberts v Johnstone [1989] formula would result in a nil award in respect of this loss. Judge found she was bound by Roberts although she noted status of the formula was the subject of considerable debate. She also observed this was only the second time the Roberts formula has been challenged since the introduction of the negative discount rate and that the appeal in the earlier challenge was compromised.

Click here for lower court Judgment:

https://www.bailii.org/ew/cases/EWHC/QB/2018/2060.html

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