1. Mr Andrew W*** was born in July 1969 and so was 25 at the date of the
accident on the 29th September 1994. He was 30 at the date of settlement,
his case having been listed for trial on the 6th June 2000.
2. The injury was a subdural haematoma causing right sided hemiplegia persisting
as hemiparesis; epilepsy; recurrent deep vein thromboses; and reduced acuity
in left eye. Reduction in life expectancy to age 65 years. Judgement: 19.4.96.
Pre-accident job: Dismantling engineer for the Defendants, working on sub-contract
to BT.
3. The Defendants offered £1.85 million, which we told them we would advise
our client to reject. The following day they offered £2 million inclusive
of costs but exclusive of Court of Protection costs (an odd form of offer).
4. My instructing solicitor and I agreed that the fundamental issue was whether
the judge would decide that the Claimant's wife would remain with her husband.
We both felt that the judge may well, or probably would, find that she would.
If the judge were to come to that conclusion, it would reduce the claim by
over half a million pounds. That being so, I advised that the offer should
be accepted. In giving that advice I was helped and guided by my instructing
solicitor's detailed knowledge of the history of this family, and her informed
opinion on the issue whether Mrs W*** will continue to live with and care
for her husband. My instructing solicitor then negotiated a further offer
of £2.1 million, all inclusive, which I again advised should be accepted.
5. No specific figures were agreed by the Defendants, but I set out below
the sums which we felt were acceptable for each head of damage.
21.9.94 - 1.1.95, net loss £165.72 per week x 14 weeks: £2,320.00
21.1.95 - 1.4.95, net loss £172.86 per week x 13 weeks: £2,247.00
2.4.95 - 1.1.96, net loss £173.51 per week x 34 weeks: £5,899.00
1.1.96/97 using comparator earnings: £12,299.00
97/98: £12,369.00
98/99: £10,246.00
99/00, uplifted 3%: £10,553.00
2000 - 6.6.2000, uplift 3%, £10,870.00 p.a., £29.70 per day x 157 days:
£4,663.00
Total: £60,596.00
See the reports of Maggie Sargent and Caroline Ferber.
(a) Care provided by partner
See Maggie Sargent Schedules 1-6
Schedules 1-5 total: £59,880.86
Schedule 6, 84 hours per week at £4.98 per hour, £21,752.64 per annum or £59.59 per day x 289 days from 21.8.99-6.6.2000: £17,223.32
Sub-total: £77,104.18
75% thereof: £57,828.00
(b) Professional care provided by Nightingales/BNA.
1997 invoices 002194-006239: £10,944.23
1998 invoices 006422-008934: £6,782.44
1999 invoices 010313-013329: £9,695.77
Sub-total: £27,422.00
(c) Professional care provided by Elm Park - in-patient care.
30.7.98 - 30.11.98 invoices EP98117-98174: £39,680.00
(d) Brain Injury Case Management costs provided by Rehabilitation Without Walls.
10.2.97-22.1.98 invoices 0302-1114: £23,591.00
(e) Anglia Case Management Costs.
2.8.99 invoice C632: £2,6140.00
(f) Physiotherapy costs.
February - June of 1998: £2,387.00
March - June 1999: £903.00
Sub-total: £3,291.00
Therefore past care costs: £177,952.00
On 31.1.97 the Claimant purchased a house for £100,000.00.
Roberts v Johnstone Calculation:
£100,000.00 less sale price of previous property, £39,500.00, £60,500.00 x 3%, £1,815.00 x 3 years 126 days: £6,072.00
Additional costs:
Decoration of Claimant's sitting room, furnishings and carpets: £2,250.00
See previous Schedule prepared by Solicitors to 27.11.99.
The cost of public transport, taxis and car journeys.
1994 to date: £4,356.00
(a) Transport expenses:
(i) Partner's driving lessons: £360.00
(ii) Taxis from August 1995 to November 1995, £70.00 per week x 17:
£1,190.00
(iii) Motability deposit on Ford Escort: £225.00
(iv) Insurance for third person on two vehicles: £250.00
Sub-total: £2,025.00
(b) Equipment:
(i) Carters Cruiser Powered wheelchair: £2,445.00
(ii) Bathmaster bathing aid: £5,912.60
(c) Past Heating Costs:
January 1996 to date, cost to November 1999 at the rate of £7.12 per week:
£1,755.00
From November 1999 to trial date £9.00 per week x 30 weeks:
£270.0
(d) Laundry:
See page 36 of the OT report: £80.00
(e) Gardening costs: £208.00
Therefore past miscellaneous costs: £12,696.00
1. Past loss of earnings:
2. Past care:
3. Past accommodation:
4. Past travel:
5. Past miscellaneous:
Interest
Half SIA interest is claimed from date of accident to date of trial, 22.82%:
Credit will be allowed for interim payments received
Gross past losses subject to interest on both sides:
Life expectancy is to age
From age 31 using Table 13, a
The Claimant has no earning capacity.
The care claim was put on the basis that care will be professionally provided, which was less likely if the Claimant's wife remained with him. Future care costings were as calculated by Caroline Ferber, as supported by Maggie Sargent, subject to a modest discount to reflect the contingency nature of "waking nights" care, therefore the Claimant takes a mid-point between Caroline Ferber's costings of £90,315.00 per annum and Maggie Sargent's costings of £83,979.00 = £87,147.
Costs calculated from the present day:
Capital expenditure: £9,732.00
Annual expenditure £1891
Costs from age 55 years:
Capital expenditure, £3,500.00 x accelerated receipt factor of .622: £2,177.00
Annual expenditure, £553.00 x 2% multiplier for 10 years (aged 55-65), 9.07 x accelerated receipt factor of .622: £3,120.00
Sub-total: £5,297.00
Roberts v Johnstone calculation.
£60,500.00 x 3%, £1,815.00 x multiplier of 15.27
Adaptation costs inclusive of professional fees estimated at £76,091.00, but there was a builder's estimate at £43,850
Increased building insurance premiums, Council Tax and Maintenance costs:
TBA
Capital expenditure:
The Claimant requires the purchase of a Ford Mondeo Estate 2.0 GLX:
£18,000.00
A discount for the part-exchange value on the vehicle the Claimant would have run is not appropriate, as the family now need 2 cars, where one would have sufficed but for the accident. No claim is made for the second car therefore it is not appropriate to discount for the vehicle the Claimant would have run.
Annual expenditure.
The car will be renewed every 6 years and assuming a mileage of 8,000 miles, the car would depreciate to £3,095.00.
Therefore annual cost £2,485.00, allowing for a discounted multiplier to
reflect replacement costs are not immediately incurred, 18
Sub-total:
Extra insurance.
£446.00 x 18
There is no claim for mileage expenditure as expenses ought to be met by mobility allowance.
Car adaptations.
(i) Hodge Mark II wheelchair winch: £510.00
(ii) Replacement cost £43.00 p.a. x 23.5: £1,010.00
(iii) Re-fitting winch cost to each vehicle, £15.00 p.a. x
23.5: £352.00
(iv) Rotating car seat from age 45 - 65 years, capital cost: £1,105.00
Discount for accelerated receipt by .759: £839.00
(v) Replacement costs £184.00 p.a. x 2% multiplier of
16.51 (for a 20 year period) x AR factor for 14 years
of .759: £2,305.00
Therefore total transport claim is £76,879, but there is a clear argument
that there are no increased costs - this is the sort of car the family would
have had in any event, and there is no increased mileage.
Heating at £9.00 per week: £468.00 p.a.
Laundry 58p per week: £ 30.00 p.a.
Gardening £14.00 per week x 39 weeks: £273.00 p.a.
DIY, internal and external maintenance: £907.00 p.a.
Say, decorate 1 room per year £200 and outside once every 5 years?
Sub-total: £1912.00 x 18
Child care until child is 14:
£4.00 x 4 hours per week x 52 weeks for 5 years using a multiplier of 4.76:
£3,960.00
Furnishings & equipping carer's room.
Capital cost: £2,657.00
Annual cost £2,658.00 x 23.5: £6,227.00
Therefore future miscellaneous costs: £58,732.00
Physio: £3,705.00
Headway: £3,072.00
Sports club/gym: £480.00
The claim proceeds on the basis that the holiday claim will be in the absence of the Claimant's partner.
£70.00 x 14 days x 2 carers plus out of pocket expenses, £20.00 x 14 days x 2 carers.
£2,520.00 x 18:
(a) Payroll costs for future care - £19.00 per month plus VAT, plus year end costs of £25.00 plus VAT
£298.00 x 18: £7,372.00
(c) Employer's liability insurance: £46.00
(d) External carer training costs: £400.00 p.a.
Sub-total: £517.00 p.a. x 18 = 9,306
The claim can only be calculated once the value of the compensation fund is known:
TBA
Pain & suffering and Court of Protection must be added. I considered that the pre - Heil figure for pain & suffering would have been £125,000, which should now be revalued to £160,000.
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