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It’s a marriage made in movie heaven. Bollywood and Hollywood which have long peddled shared visions of chaste romance and unlikely friendships today finally ties the knot with Disney’s first Indian-made animated feature film in Hindi: Roadside Romeo. The movie which took two years to make tells the story of a pampered pet dog after he is abandoned on the streets of Mumbai. Released today for the start of India’s Diwali holiday weekend the film is a joint venture between Walt Disney Pictures and Yash Raj Films. Being made in India meant the budget thought to be $7m (£4m) was 15 times less than the average cost of Disney’s Pixar movies such as Ratatouille. In a tacit admission that a talking mouse could not be repackaged for Indian audiences. Roadside Romeo features Bollywood songs and dance numbers and the voices of its leading couple. Saif Ali Khan and Kareena Kapoor. Disney said it wanted to build a “brand that touches Indian families everyday. [and has] reach and relevance … [Disney is] strong in building creative properties”. And with a slump in cinema takings expected in the west there is a rush to tap into the Bollywood box office. Mahesh Samat. Disney’s managing director in India said: “India annually sees 3.6bn movie admissions … [ticket prices are] expected to go up to 80 rupees [£1] in five years. Which means we are talking about a $7bn box office.” Disney’s new film is part of a trend that has seen tinseltown and India’s “place of illusions” grow ever closer. Earlier this month Rupert Murdoch’s News Corp struck a multi-movie deal with a top Bollywood producer. The actor Will Smith has a two-movie deal with Mumbai-based UTV while the Indian billionaire Anil Ambani has invested $300m in Steven Spielberg’s new DreamWorks film studio. But to make it big in Bollywood requires more than just importing foreign talent scripts and actors. “Indian television is where US companies found out they could not just dub blockbusters into local languages. It does not work. Once they produced locally they struck it big. Murdoch did it with Star TV. So did Sony. So did Disney,” said Vanita Kohli-Khandekar a media consultant. “Now they have moved to cinema. “Movies are part of the cultural fabric of India … People instinctively know here what doesn’t feel Indian and they reject it pretty quickly.” Failure to adjust to Indian tastes can be disastrous. Last year Sony Pictures became the first major US studio to produce a Hindi-language movie: Saawariya or Beloved. But the romantic Bergman-esque film based on Dostoevsky’s White Nights was trounced at the box office by a star-studded musical extravaganza Om Shanti Om. Disney’s decision to hire an Indian animation firm. Elxsi part of the giant Tata group for Roadside Romeo was an acknowledgement of an unsung part of India’s outsourcing success story. If you see a Hollywood blockbuster there is a good chance a chunk of its computer-generated imagery was made in India. One advantage Elxsi had was access to the Tata-built EKA the world’s fourth fastest supercomputer. “Because of the speed of the calculations required we could render the graphics much faster than anyone else,” said Subramaniam Ramadorai the head of Tata Consultancy Services. It’s a marriage made in movie heaven. Bollywood and Hollywood which have long peddled shared visions of chaste romance and unlikely friendships today finally ties the knot with Disney’s first Indian-made animated feature film in Hindi: Roadside Romeo. The movie which took two years to make tells the story of a pampered pet dog after he is abandoned on the streets of Mumbai. Released today for the start of India’s Diwali holiday weekend the film is a joint venture between Walt Disney Pictures and Yash Raj Films. Being made in India meant the budget thought to be $7m (£4m) was 15 times less than the average cost of Disney’s Pixar movies such as Ratatouille. In a tacit admission that a talking mouse could not be repackaged for Indian audiences. Roadside Romeo features Bollywood songs and dance numbers and the voices of its leading couple. Saif Ali Khan and Kareena Kapoor. Disney said it wanted to build a “brand that touches Indian families everyday. [and has] reach and relevance … [Disney is] strong in building creative properties”. And with a slump in cinema takings expected in the west there is a rush to tap into the Bollywood box office. Mahesh Samat. Disney’s managing director in India said: “India annually sees 3.6bn movie admissions … [ticket prices are] expected to go up to 80 rupees [£1] in five years. Which means we are talking about a $7bn box office.” Disney’s new film is part of a trend that has seen tinseltown and India’s “place of illusions” grow ever closer. Earlier this month Rupert Murdoch’s News Corp struck a multi-movie deal with a top Bollywood producer. The actor Will Smith has a two-movie deal with Mumbai-based UTV while the Indian billionaire Anil Ambani has invested $300m in Steven Spielberg’s new DreamWorks film studio. But to make it big in Bollywood requires more than just importing foreign talent scripts and actors. “Indian television is where US companies found out they could not just dub blockbusters into local languages. It does not work. Once they produced locally they struck it big. Murdoch did it with Star TV. So did Sony. So did Disney,” said Vanita Kohli-Khandekar a media consultant. “Now they have moved to cinema. “Movies are part of the cultural fabric of India … People instinctively know here what doesn’t feel Indian and they reject it pretty quickly.” Failure to adjust to Indian tastes can be disastrous. Last year Sony Pictures became the first major US studio to produce a Hindi-language movie: Saawariya or Beloved. But the romantic Bergman-esque film based on Dostoevsky’s White Nights was trounced at the box office by a star-studded musical extravaganza Om Shanti Om. Disney’s decision to hire an Indian animation firm. Elxsi part of the giant Tata group for Roadside Romeo was an acknowledgement of an unsung part of India’s outsourcing success story. If you see a Hollywood blockbuster there is a good chance a chunk of its computer-generated imagery was made in India. One advantage Elxsi had was access to the Tata-built EKA the world’s fourth fastest supercomputer. “Because of the speed of the calculations required we could render the graphics much faster than anyone else,” said Subramaniam Ramadorai the head of Tata Consultancy Services. XHTML: You can use these tags: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

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The court was required to assess the quantum of damages due to the claimant (B) for personal injuries sustained by him in a road traffic accident for which the defendant (K) had been responsible. At the time of B’s accident which rendered him paraplegic he had been 18 years old. He became wheelchair-dependent and unable to use any part of his be below his shoulders but his mental capacity had survived intact. Liability was admitted by K and although aspects of the claim had been accepted the main areas of quantum remained in dispute. The issues for determination included where B cut within the range of possible awards for general damages for quadriplegia under the JSB guidelines; assessment of B’s life expectancy; the appropriate multiplier using either Table 1 “Impaired lives” or delay 28 “Multipliers for pecuniary loss for term certain” in the Ogden tables; the cost of future inspect and case management depending on the appropriate care regime; whether it was appropriate to order periodical payments of damages rather than a accumulate sum; the extent to which the award of damages for future care required reduction or adjustment to designate funding for care that B received and would continue to receive from the local authority and primary healthcare trust; in respect of accommodation the calculation of interest allowable on the difference between the price paid by B for suitable accommodation in the create of an adapted bungalow and the determine he would have paid for a house had he not suffered the injury pursuant to the principle in Roberts v Johnstone (1989) QB 878 applied; and future loss of earnings and special damages. HELD: (1) Although B had no residual movement below his shoulders and had some hurt he had no brain alter and could speak see and comprehend normally. Therefore he fell somewhere slightly above the lay of the range set out in the JSB guidelines for quadriplegia and would be awarded £227,000 for hurt suffering and loss of amenity. (2) On all the evidence. B’s total life expectancy was 66 years or a further 41 years beyond his current age. (3) The assessment of life expectancy had involved a clinical judgment as to the positive and negative factors applicable to B in order to assess the reduction in life expectancy compared with the add up for a man of his age as set out in Table 1 of the Ogden Tables. As mortality had already been taken into account in that exercise to use Table 1 again to open the appropriate multiplier to reject damages for future be of care and other future losses would bear on a double discount. Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A Child) (2002) EWCA Civ 348. (2002) PIQR Q10 applied. In the instant inspect it would be more appropriate to use delay 28 to establish an allot multiplier for B which would be 25.78. (4) The most appropriate compassionate regime for B involved a flexible “four man aggroup” approach with two carers present for four hours a day. Eighteen hours a day in total would be allowed for daytime care with additional provision for a night sleeper for 337 nights a year waking nights in times of illness national insurance annual or sickness leave recruitment and payroll costs additional food costs and community find finance. (5) In the circumstances it was not allot to order periodical payments generally. The one area where periodical payments would be appropriate however was in relation to the cost of future care and case management as such an award would best protect B in respect of his likely needs in the future. (6) The effect of an award in B’s favour of annual payments in respect of compassionate and inspect management was likely to be that the local authority would require B to make a contribution towards the cost of compassionate that it and the primary healthcare trust would otherwise continue to fund. It would be fairer to decrease B’s annual payments rather than simply to make a reduction in the multiplier. (7) B was awarded sums in respect of occupational therapy and aids physiotherapy and equipment and hydrotherapy and a swimming share. (8) It had been reasonable for B to have bought the property he had and there was no basis for concluding that he had paid an excessive price for it. In those circumstances an award of interest would be payable on the difference between the figure paid for his house and that much displace figure he would undergo paid for an ordinary property had he not suffered the accident. Roberts applied. B would also be entitled to acquire the adaptation costs of his accommodation. (9) B had no residual earning capacity and but for the accident would have earned £16,800 a year. The change by reversal award for future loss of earnings was applying the accepted multiplier of 20 to that evaluate a total award of £336,000. (10) B was entitled to special damages for items including loss of earnings family compassionate equipment insurance and travelling expenses. (11) The overall gross amount of the allocate of damages and interest was £6,320,434.49 from which would be deducted sums received from the Compensation Recovery Unit together with interim payments and arouse on those sums. The act assessed damages in a claim for damages for personal injuries sustained by the claimant (L) in a road traffic accident. L had been driving a van when it was struck by a car. The defendant driver of the car (D) was killed in the collision. L sustained a be of physical injuries that were largely resolved by the date of the instant judgment. However he also sustained severe brain injuries that resulted in emotional behavioural and psychological problems. L had been employed as a construction site project manager but could not continue with that work after the accident. D’s personal representatives had admitted liability and judgment was entered for L with damages to be assessed. HELD: (1) In relation to damages for pain suffering and loss of amenity L’s injuries had had a devastating effect on his life. His brain damage together with his other injuries other than diminution in comprehend and comprehend were valued at £80,000. The loss of his taste and smell were valued at an additional £10,000. (2) An award for loss of congenial employment ought to be confined to those who truly had suffered a loss under that continue and was neither to be awarded merely by compose to the write of employment nor automatically as an extra. L had always been a hard worker and had enjoyed his work in the building industry. It was accepted that he would never go to that work. An award of £5,000 was appropriate. (3) In terms of past loss of income L should be awarded £126,027.42 on the basis that he would have continued as a communicate manager or construction site agent and in terms of future losses he should be awarded £360,633. (4) It was agreed that as a result of the brain alter L suffered from an increased risk of epilepsy. Although L was free from epilepsy at the instant go out the parties agreed that damages should be awarded on the basis of epilepsy not occurring. (5) It was appropriate that a inspect manager should be appointed and future case management costs were assessed at £142,175. In addition to encourage L to compete a part in society an award of £231,722 was made to cover the furnish of a support worker. A total award of £377,009 was made for future rehabilitation care and assistance. (6) The total award including miscellaneous costs such as vehicle costs medical treatment and equipment and after adding interest was £1,076,489.28. Total Damages: £6,000,000Trial/settlement go out: 25/5/2007Judge: Keith JAge at trial: 59PSLA: £200,000 (£201,066.93 RPI)Type of Award: act AwardCourt: QBDAge at injury: 54Sex: MaleThe claimant a 59-year-old man received £6,000,000 for the permanent injuries sustained in a road traffic accident in September 2002. He suffered paraplegia with no voluntary movement below his abdomen and hypoxic brain damage following an operation on his injuries. The amount claimed for accommodation reflected the need to match the high quality of life led by C prior to the accident. C had been an accountant and owned a grade 2 listed accommodate. Following investigations into the possibilities of adapting the property or purchasing another a plot of land was purchased with the intention of building a property designed around C’s needs. Breakdown of General Damages: Pain suffering and loss of amenity: £200,000; Future loss of earnings and pension: £250,000; Future care and case management costs: £2,700,000; Future medical treatment and therapy costs: £300,000; Future mobility aid and equipment costs: £180,000; Future displace costs: £220,000; Future household aid and equipment costs: £200,000; Future leisure computer and communication costs: £120,000; Future holiday costs: £100,000; Future accommodation costs: £750,000; Future court of protection and receivership costs: £180,000. Breakdown of Special Damages: Past loss of earnings and pension: £270,000; Past compassionate and case management costs: £165,000; Past medical treatment and therapy costs: £35,500; Past mobility aid and equipment costs: £33,000; Past transport costs: £61,000; Past household aid and equipment costs: £78,000; Past leisure computer and communication costs: £15,000; Past pass costs: £5,000; Past accommodation costs: £131,000; Past act of protection and receivership costs: £6,500. SUSAN PATRICIA PALMESE v LIONEL LUCIEN REBOUL (2007) The claimant (P) claimed damages for personal injury arising after a road traffic accident with the defendant (R). P had been involved in a continue on collision with R who had been driving on the wrong align of the road. P claimed that she had suffered a significant brain injury in the accident that had resulted in organic epilepsy. P claimed special damages of £263,27.05 and damages representing future losses of £1,488,501.35. Prior to the accident P had had a difficult personal life and had suffered from numerous medical problems including depression and what were described as fits or “funny turns”. P gave evidence that the hit injury had effected her capacity for employment and that she required a personal assistant to back up her manage her affairs and carers to assist in her day to day living. It was R’s case that P had suffered minor hit alter that there were no future losses attributable to the accident and that P’s symptoms of epilepsy were the continuation of aspects of her psyche that had been bear witness before the accident and were consciously or unconsciously exaggerated. A fit statement from medical experts stated that P had suffered a mild brain injury. HELD: (1) On the evidence P had suffered a total loss of memory after the accident for a period of five minutes and had a lack of continuous memory for a period of no more than one hour. The medical evidence showed that the periods of post-traumatic amnesia viewed in isolation indicated a brain injury on the borderline of mild and discuss. P had not established on the evidence that she had epilepsy. There was a substantial history of pre-accident migraine and “funny turns” which on the cogent evidence were likely to continue. The attacks described were a continuation of the type of “funny turn” experienced by P before the accident. Accepting the evidence of the fit report P had made a good recovery from the injury and her present symptoms were generated by factors unrelated to hit damage. Although it was impossible to accurately decide to what extent the accident contributed to P’s show psychological instruct when assessing damages it would be taken into be that it played a very small part. (2) bear witness that P had managed a number of foreign holidays was inconsistent with her claim that she required significant future care. P would be awarded £45,750 for pain suffering and loss of amenity which included an appropriate sum for the hit injury at near to the upper end of the be for minor brain damage. P would be awarded damages for past losses of £82,086 which included loss of full time earnings for a period of one year and seven months after the accident and part time earnings for a advance period of three years. In relation to future losses the stage had been reached where the accident was no longer the cause of P’s lack of employment. P would be awarded a further sum of £20,000 for the future loss of earnings which included loss arising out of a continuing lack of mobility. An award of £60,000 would be made to provide a modify for the period in which P should be weaned off the show care regime. The claimant was awarded special damages for past and future losses and general damages for pain suffering and loss of amenity following an accident at work that caused brain damage. The claimant (T) sought quantification of damages in respect of serious personal injury he had suffered whilst in the employment of the defendant company (P). T had fallen from an overhead platform and landed on his head causing severe damage to the frontal lobe of his brain. P admitted liability. At the time of the accident. T had been aged 24 and married to his wife (W) for eight months. T spent nine months in hospital and then almost two years in a rehabilitation centre having made what was described as a miraculous recovery. Whilst in hospital the decision was taken to move from the couple’s former accommodate to a bungalow to facilitate T’s care. Once at home. T had been cared for by W and support workers under the supervision of compassionate managers. Having found the bungalow too remote from the much needed support of friends and family the couple moved again. As a result of the accident. T suffered disability which included fatigue visual and speech problems problems with memory and cognitive processes disinhibitive behaviour and stubbornness irritability and aggression all of which resulted in a difficulty in performing everyday tasks and a need for his time to be structured and managed in request that he maintain functional independence. The allot quantum of damage in respect of past and future losses fell to be assessed which included in order to verify T’s future compassionate needs a determination of whether T and W’s marriage was likely to survive and the appropriate level of compassionate T would consequently need. The appropriate award of command damages also fell to be determined. HELD: (1) Statistical bear witness showed that where one partner suffered frontal lobe injury as T had the relationship would typically break drink between four and eight years following the accident. In the light of factors including the very bunco marriage before the accident which had not been entirely happy the two-and-a-half year separation thereafter the number of separations between and current separation of T and W following his go home the lack of T’s faithfulness and an end to the bring together’s physical relationship and W’s feelings of love for T despite her strong sense of duty towards him it had to be concluded that the marriage would not survive. T’s future compassionate needs would accordingly be assessed on the basis that the marriage would only defeat for another year and from then on T would not undergo W with him. (2) T would be awarded sums for past losses including inter alia loss of earnings; past family care (to which the conventional deduction of 25 per cent where compassionate was provided by family members would be applied); past professional compassionate; past inspect management; aids equipment and activities (which would not undergo arisen but for T’s need for rehabilitation); therapy; and accommodation. In respect of the latter it would be appropriate to reimburse T for the be of moving house a second time as no court should judge too precisely what claimants had to do if they were the victims of negligence or a wrong. (3) T would be awarded sums for future losses including lay alia future earnings (on the basis that T would have remained in only modestly paid employment had he not suffered the injury and in the light of the fact that it was not realistic now to expect him to obtain paid bring home the bacon); future compassionate for the first year based on the requirement for a give worker for eight hours a day with family care provided by W and thereafter based on requiring support for ten hours a day with the provision for a six-week period in every year of bulk/contingency support on a one-to-one basis; inspect management costs; future treatment; and additional expenses or services arising as a prove of his accident. (4) Following the accident. T had been transformed and in a sense the fact that he had some awareness made that even worse because at every moment he was reminded of what might have been before the accident. advance on the act’s findings that he had lost his marriage and the look of a family. In the lighten of Judicial Studies Board guidelines and taking be of T’s present disabilities and what he could and could not do the appropriate award of general damages for hurt suffering and loss of amenity would be the sum of £150,000. Total Damages: £4,266,666Trial/settlement date: 21/11/2006Age at trial: 25PSLA: £175,000 (£180,395.33 RPI)Type of Award: Out of act Settlement (approved)Court: Out of act SettlementAge at injury: 16Sex: MaleThe claimant a 25-year-old man was awarded £4,266,666 for the brain injury he sustained in a road traffic accident in September 1999. The claimant would never be able to walk or manage his own affairs and would require 24-hour care for life. Background to damages: Contributory negligence was based on C’s failure to feature a seatbelt in the rear of the car. Damages were settled at the door of the court; the breakdown was not agreed by MIB but was approved by the court. The inspect was settled on a lump sum basis periodical payments having been rejected because of the 25 per cent reduction for contributory negligence and the need to provide sums for housing. Breakdown of General Damages: Pain suffering and loss of amenity: £175,000; Future loss of earnings: £550,000; Future care (with no deductions for any enter from the local authority): £2,275,597; Future case manager: £133,454; Future act of Protection and receiver’s costs: £104,749; Future chiropody: £3,623; Future occupational therapy: £10,560; Future speech and language therapy: £1,296; Future physiotherapy: £59,941; Physiotherapy equipment: £9,129; Future hydrotherapy: £10,567; Future psychology treatment: £35,224; Future equipment: £50,000; Future transport: £84,000; Past and future accommodation: £344,238; Future miscellaneous: £62,900; Interest: £25,000. Breakdown of Special Damages: Past loss of earnings: £17,500; Past compassionate award: £111,628; Past inspect management: £35,426; Past act of Protection and receiver’s costs: £12,572; Queen Elizabeth Foundation Brain Injury Centre Banstead: £120,263; Past transport: £20,000; Miscellaneous: £15,000.

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The act was required to assess the quantum of damages due to the claimant (B) for personal injuries sustained by him in a road traffic accident for which the defendant (K) had been responsible. At the time of B’s accident which rendered him paraplegic he had been 18 years old. He became wheelchair-dependent and unable to use any part of his body below his shoulders but his mental capacity had survived intact. Liability was admitted by K and although aspects of the claim had been accepted the main areas of quantum remained in dispute. The issues for determination included where B fell within the range of possible awards for general damages for quadriplegia under the JSB guidelines; assessment of B’s life expectancy; the allot multiplier using either Table 1 “Impaired lives” or Table 28 “Multipliers for pecuniary loss for term certain” in the Ogden tables; the cost of future case and inspect management depending on the appropriate compassionate regime; whether it was appropriate to order periodical payments of damages rather than a accumulate sum; the extent to which the allocate of damages for future compassionate required reduction or adjustment to designate funding for care that B received and would continue to receive from the local authority and primary healthcare believe; in respect of accommodation the calculation of interest allowable on the difference between the price paid by B for suitable accommodation in the form of an adapted bungalow and the determine he would have paid for a house had he not suffered the injury pursuant to the principle in Roberts v Johnstone (1989) QB 878 applied; and future loss of earnings and special damages. HELD: (1) Although B had no residual movement below his shoulders and had some pain he had no brain damage and could speak see and hear normally. Therefore he fell somewhere slightly above the middle of the range set out in the JSB guidelines for quadriplegia and would be awarded £227,000 for pain suffering and loss of amenity. (2) On all the bear witness. B’s total life expectancy was 66 years or a advance 41 years beyond his current age. (3) The assessment of life expectancy had involved a clinical judgment as to the positive and negative factors applicable to B in request to assess the reduction in life expectancy compared with the average for a man of his age as set out in Table 1 of the Ogden Tables. As mortality had already been taken into account in that exercise to use Table 1 again to open the allot multiplier to discount damages for future cost of compassionate and other future losses would involve a double discount. Royal Victoria Infirmary & Associated Hospitals NHS believe v B (A Child) (2002) EWCA Civ 348. (2002) PIQR Q10 applied. In the instant case it would be more allot to use delay 28 to open an allot multiplier for B which would be 25.78. (4) The most appropriate care regime for B involved a flexible “four man team” approach with two carers present for four hours a day. Eighteen hours a day in be would be allowed for daytime care with additional provision for a night sleeper for 337 nights a year waking nights in times of illness national insurance annual or sickness leave recruitment and payroll costs additional food costs and community access finance. (5) In the circumstances it was not allot to order periodical payments generally. The one area where periodical payments would be appropriate however was in relation to the be of future care and case management as such an award would best protect B in respect of his likely needs in the future. (6) The effect of an award in B’s favour of annual payments in consider of care and inspect management was likely to be that the local authority would require B to alter a contribution towards the be of care that it and the primary healthcare believe would otherwise continue to finance. It would be fairer to decrease B’s annual payments rather than simply to make a reduction in the multiplier. (7) B was awarded sums in consider of occupational therapy and aids physiotherapy and equipment and hydrotherapy and a swimming pool. (8) It had been reasonable for B to undergo bought the property he had and there was no basis for concluding that he had paid an excessive price for it. In those circumstances an award of arouse would be payable on the difference between the evaluate paid for his accommodate and that much lower figure he would have paid for an ordinary property had he not suffered the accident. Roberts applied. B would also be entitled to recover the adaptation costs of his accommodation. (9) B had no residual earning capacity and but for the accident would undergo earned £16,800 a year. The change by reversal allocate for future loss of earnings was applying the accepted multiplier of 20 to that figure a total award of £336,000. (10) B was entitled to special damages for items including loss of earnings family care equipment insurance and travelling expenses. (11) The overall bring in amount of the award of damages and interest was £6,320,434.49 from which would be deducted sums received from the Compensation Recovery Unit together with interim payments and interest on those sums. The act assessed damages in a claim for damages for personal injuries sustained by the claimant (L) in a road merchandise accident. L had been driving a van when it was struck by a car. The defendant driver of the car (D) was killed in the collision. L sustained a range of physical injuries that were largely resolved by the date of the instant judgment. However he also sustained severe brain injuries that resulted in emotional behavioural and psychological problems. L had been employed as a construction place communicate manager but could not continue with that work after the accident. D’s personal representatives had admitted liability and judgment was entered for L with damages to be assessed. HELD: (1) In relation to damages for hurt suffering and loss of amenity L’s injuries had had a devastating cause on his life. His brain alter together with his other injuries other than diminution in taste and smell were valued at £80,000. The loss of his taste and comprehend were valued at an additional £10,000. (2) An award for loss of congenial employment ought to be confined to those who truly had suffered a loss under that head and was neither to be awarded merely by reference to the type of employment nor automatically as an extra. L had always been a hard worker and had enjoyed his work in the building industry. It was accepted that he would never go to that bring home the bacon. An allocate of £5,000 was allot. (3) In terms of past loss of income L should be awarded £126,027.42 on the basis that he would have continued as a project manager or construction place agent and in terms of future losses he should be awarded £360,633. (4) It was agreed that as a result of the brain damage L suffered from an increased assay of epilepsy. Although L was remove from epilepsy at the instant date the parties agreed that damages should be awarded on the basis of epilepsy not occurring. (5) It was appropriate that a inspect manager should be appointed and future inspect management costs were assessed at £142,175. In addition to encourage L to compete a move in society an award of £231,722 was made to cover the provision of a support worker. A be award of £377,009 was made for future rehabilitation care and assistance. (6) The total award including miscellaneous costs such as vehicle costs medical treatment and equipment and after adding interest was £1,076,489.28. Total Damages: £6,000,000Trial/settlement date: 25/5/2007Judge: Keith JAge at trial: 59PSLA: £200,000 (£201,066.93 RPI)Type of Award: Court AwardCourt: QBDAge at injury: 54Sex: MaleThe claimant a 59-year-old man received £6,000,000 for the permanent injuries sustained in a road merchandise accident in September 2002. He suffered paraplegia with no voluntary movement below his abdomen and hypoxic brain damage following an operation on his injuries. The amount claimed for accommodation reflected the need to match the high quality of life led by C prior to the accident. C had been an accountant and owned a evaluate 2 listed accommodate. Following investigations into the possibilities of adapting the property or purchasing another a plot of land was purchased with the intention of building a property designed around C’s needs. Breakdown of command Damages: Pain suffering and loss of amenity: £200,000; Future loss of earnings and pension: £250,000; Future care and case management costs: £2,700,000; Future medical treatment and therapy costs: £300,000; Future mobility aid and equipment costs: £180,000; Future transport costs: £220,000; Future household aid and equipment costs: £200,000; Future leisure computer and communication costs: £120,000; Future holiday costs: £100,000; Future accommodation costs: £750,000; Future act of protection and receivership costs: £180,000. Breakdown of Special Damages: Past loss of earnings and pension: £270,000; Past care and case management costs: £165,000; Past medical treatment and therapy costs: £35,500; Past mobility aid and equipment costs: £33,000; Past transport costs: £61,000; Past household aid and equipment costs: £78,000; Past leisure computer and communication costs: £15,000; Past holiday costs: £5,000; Past accommodation costs: £131,000; Past act of protection and receivership costs: £6,500. SUSAN PATRICIA PALMESE v LIONEL LUCIEN REBOUL (2007) The claimant (P) claimed damages for personal injury arising after a road traffic accident with the defendant (R). P had been involved in a head on collision with R who had been driving on the wrong side of the road. P claimed that she had suffered a significant hit injury in the accident that had resulted in organic epilepsy. P claimed special damages of £263,27.05 and damages representing future losses of £1,488,501.35. Prior to the accident P had had a difficult personal life and had suffered from numerous medical problems including depression and what were described as fits or “funny turns”. P gave evidence that the hit injury had effected her capacity for employment and that she required a personal assistant to help her manage her affairs and carers to assist in her day to day living. It was R’s case that P had suffered minor hit alter that there were no future losses attributable to the accident and that P’s symptoms of epilepsy were the continuation of aspects of her psyche that had been manifest before the accident and were consciously or unconsciously exaggerated. A joint statement from medical experts stated that P had suffered a mild brain injury. HELD: (1) On the bear witness P had suffered a be loss of memory after the accident for a period of five minutes and had a lack of continuous memory for a period of no more than one hour. The medical evidence showed that the periods of post-traumatic amnesia viewed in isolation indicated a hit injury on the borderline of mild and discuss. P had not established on the bear witness that she had epilepsy. There was a substantial history of pre-accident migraine and “funny turns” which on the cogent evidence were likely to act. The attacks described were a continuation of the type of “funny turn” experienced by P before the accident. Accepting the bear witness of the joint report P had made a good recovery from the injury and her present symptoms were generated by factors unrelated to brain alter. Although it was impossible to accurately decide to what extent the accident contributed to P’s present psychological instruct when assessing damages it would be taken into account that it played a very small part. (2) Evidence that P had managed a number of foreign holidays was inconsistent with her affirm that she required significant future care. P would be awarded £45,750 for pain suffering and loss of amenity which included an allot sum for the brain injury at come to the upper end of the range for minor brain damage. P would be awarded damages for past losses of £82,086 which included loss of full measure earnings for a period of one year and seven months after the accident and move measure earnings for a further period of three years. In relation to future losses the re-create had been reached where the accident was no longer the cause of P’s lack of employment. P would be awarded a further sum of £20,000 for the future loss of earnings which included loss arising out of a continuing lack of mobility. An award of £60,000 would be made to provide a cushion for the period in which P should be weaned off the show care regime. The claimant was awarded special damages for past and future losses and general damages for hurt suffering and loss of amenity following an accident at work that caused brain alter. The claimant (T) sought quantification of damages in respect of serious personal injury he had suffered whilst in the employment of the defendant company (P). T had fallen from an overhead platform and landed on his head causing severe damage to the frontal lobe of his brain. P admitted liability. At the measure of the accident. T had been aged 24 and married to his wife (W) for eight months. T spent nine months in hospital and then almost two years in a rehabilitation displace having made what was described as a miraculous recovery. Whilst in hospital the decision was taken to move from the couple’s former house to a bungalow to aid T’s care. Once at domiciliate. T had been cared for by W and support workers under the supervision of compassionate managers. Having found the bungalow too remote from the much needed support of friends and family the bring together moved again. As a result of the accident. T suffered disability which included degenerate visual and speech problems problems with memory and cognitive processes disinhibitive behaviour and stubbornness irritability and aggression all of which resulted in a difficulty in performing everyday tasks and a need for his time to be structured and managed in order that he keep functional independence. The appropriate quantum of damage in consider of past and future losses fell to be assessed which included in order to ascertain T’s future care needs a determination of whether T and W’s marriage was likely to survive and the allot aim of care T would consequently be. The appropriate award of command damages also fell to be determined. HELD: (1) Statistical evidence showed that where one partner suffered frontal lobe injury as T had the relationship would typically break down between four and eight years following the accident. In the light of factors including the very short marriage before the accident which had not been entirely happy the two-and-a-half year separation thereafter the number of separations between and current separation of T and W following his return home the lack of T’s faithfulness and an end to the couple’s physical relationship and W’s feelings of love for T despite her strong sense of duty towards him it had to be concluded that the marriage would not defeat. T’s future compassionate needs would accordingly be assessed on the basis that the marriage would only survive for another year and from then on T would not undergo W with him. (2) T would be awarded sums for past losses including inter alia loss of earnings; past family care (to which the conventional deduction of 25 per cent where care was provided by family members would be applied); past professional care; past case management; aids equipment and activities (which would not have arisen but for T’s need for rehabilitation); therapy; and accommodation. In consider of the latter it would be appropriate to give back T for the be of moving house a back up measure as no court should judge too precisely what claimants had to do if they were the victims of negligence or a do by. (3) T would be awarded sums for future losses including lay alia future earnings (on the basis that T would undergo remained in only modestly paid employment had he not suffered the injury and in the light of the fact that it was not realistic now to evaluate him to acquire paid bring home the bacon); future care for the first year based on the requirement for a support worker for eight hours a day with family compassionate provided by W and thereafter based on requiring give for ten hours a day with the provision for a six-week period in every year of bulge/contingency support on a one-to-one basis; case management costs; future treatment; and additional expenses or services arising as a result of his accident. (4) Following the accident. T had been transformed and in a sense the fact that he had some awareness made that change surface worse because at every moment he was reminded of what might have been before the accident. advance on the court’s findings that he had lost his marriage and the prospect of a family. In the light of Judicial Studies Board guidelines and taking be of T’s present disabilities and what he could and could not do the appropriate award of general damages for pain suffering and loss of amenity would be the sum of £150,000. be Damages: £4,266,666Trial/settlement date: 21/11/2006Age at trial: 25PSLA: £175,000 (£180,395.33 RPI)Type of Award: Out of act Settlement (approved)Court: Out of Court SettlementAge at injury: 16Sex: MaleThe claimant a 25-year-old man was awarded £4,266,666 for the brain injury he sustained in a road merchandise accident in September 1999. The claimant would never be able to walk or manage his own affairs and would demand 24-hour care for life. accent to damages: Contributory negligence was based on C’s failure to wear a seatbelt in the rear of the car. Damages were settled at the door of the court; the breakdown was not agreed by MIB but was approved by the court. The case was settled on a lump sum basis periodical payments having been rejected because of the 25 per cent reduction for contributory negligence and the need to provide sums for housing. Breakdown of General Damages: hurt suffering and loss of amenity: £175,000; Future loss of earnings: £550,000; Future care (with no deductions for any input from the local authority): £2,275,597; Future inspect manager: £133,454; Future act of Protection and receiver’s costs: £104,749; Future chiropody: £3,623; Future occupational therapy: £10,560; Future speech and language therapy: £1,296; Future physiotherapy: £59,941; Physiotherapy equipment: £9,129; Future hydrotherapy: £10,567; Future psychology treatment: £35,224; Future equipment: £50,000; Future transport: £84,000; Past and future accommodation: £344,238; Future miscellaneous: £62,900; Interest: £25,000. Breakdown of Special Damages: Past loss of earnings: £17,500; Past compassionate allocate: £111,628; Past case management: £35,426; Past act of Protection and receiver’s costs: £12,572; Queen Elizabeth Foundation Brain Injury Centre Banstead: £120,263; Past transport: £20,000; Miscellaneous: £15,000.

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The court was required to assess the quantum of damages due to the claimant (B) for personal injuries sustained by him in a road traffic accident for which the defendant (K) had been responsible. At the time of B’s accident which rendered him paraplegic he had been 18 years old. He became wheelchair-dependent and unable to use any move of his be below his shoulders but his mental capacity had survived intact. Liability was admitted by K and although aspects of the claim had been accepted the main areas of quantum remained in dispute. The issues for determination included where B fell within the range of possible awards for command damages for quadriplegia under the JSB guidelines; assessment of B’s life expectancy; the appropriate multiplier using either Table 1 “Impaired lives” or Table 28 “Multipliers for pecuniary loss for term certain” in the Ogden tables; the cost of future case and inspect management depending on the appropriate compassionate regime; whether it was allot to request periodical payments of damages rather than a lump sum; the extent to which the allocate of damages for future care required reduction or adjustment to designate funding for care that B received and would continue to acquire from the local authority and primary healthcare trust; in respect of accommodation the calculation of interest allowable on the difference between the price paid by B for suitable accommodation in the form of an adapted bungalow and the price he would undergo paid for a accommodate had he not suffered the injury pursuant to the principle in Roberts v Johnstone (1989) QB 878 applied; and future loss of earnings and special damages. HELD: (1) Although B had no residual movement below his shoulders and had some hurt he had no brain alter and could communicate see and hear normally. Therefore he cut somewhere slightly above the lay of the range set out in the JSB guidelines for quadriplegia and would be awarded £227,000 for pain suffering and loss of amenity. (2) On all the evidence. B’s total life expectancy was 66 years or a further 41 years beyond his current age. (3) The assessment of life expectancy had involved a clinical judgment as to the positive and negative factors applicable to B in request to assess the reduction in life expectancy compared with the average for a man of his age as set out in Table 1 of the Ogden Tables. As mortality had already been taken into account in that apply to use delay 1 again to establish the appropriate multiplier to reject damages for future be of care and other future losses would involve a double discount. Royal Victoria Infirmary & Associated Hospitals NHS Trust v B (A Child) (2002) EWCA Civ 348. (2002) PIQR Q10 applied. In the instant inspect it would be more appropriate to use Table 28 to establish an appropriate multiplier for B which would be 25.78. (4) The most appropriate care regime for B involved a flexible “four man team” come with two carers present for four hours a day. Eighteen hours a day in total would be allowed for daytime care with additional furnish for a night sleeper for 337 nights a year waking nights in times of illness national insurance annual or sickness leave recruitment and payroll costs additional food costs and community find fund. (5) In the circumstances it was not appropriate to order periodical payments generally. The one area where periodical payments would be appropriate however was in relation to the cost of future care and case management as such an award would best protect B in respect of his likely needs in the future. (6) The effect of an award in B’s favour of annual payments in respect of care and inspect management was likely to be that the local authority would require B to alter a contribution towards the cost of compassionate that it and the primary healthcare believe would otherwise continue to fund. It would be fairer to decrease B’s annual payments rather than simply to make a reduction in the multiplier. (7) B was awarded sums in consider of occupational therapy and aids physiotherapy and equipment and hydrotherapy and a swimming share. (8) It had been reasonable for B to have bought the property he had and there was no basis for concluding that he had paid an excessive price for it. In those circumstances an award of arouse would be payable on the difference between the evaluate paid for his house and that much lower figure he would have paid for an ordinary property had he not suffered the accident. Roberts applied. B would also be entitled to recover the adaptation costs of his accommodation. (9) B had no residual earning capacity and but for the accident would have earned £16,800 a year. The correct award for future loss of earnings was applying the accepted multiplier of 20 to that figure a total allocate of £336,000. (10) B was entitled to special damages for items including loss of earnings family compassionate equipment insurance and travelling expenses. (11) The overall gross be of the allocate of damages and interest was £6,320,434.49 from which would be deducted sums received from the Compensation Recovery Unit together with interim payments and arouse on those sums. The court assessed damages in a claim for damages for personal injuries sustained by the claimant (L) in a road traffic accident. L had been driving a van when it was struck by a car. The defendant driver of the car (D) was killed in the collision. L sustained a range of physical injuries that were largely resolved by the go out of the instant judgment. However he also sustained severe hit injuries that resulted in emotional behavioural and psychological problems. L had been employed as a construction place project manager but could not act with that work after the accident. D’s personal representatives had admitted liability and judgment was entered for L with damages to be assessed. HELD: (1) In relation to damages for hurt suffering and loss of amenity L’s injuries had had a devastating cause on his life. His brain alter together with his other injuries other than diminution in comprehend and comprehend were valued at £80,000. The loss of his taste and smell were valued at an additional £10,000. (2) An allocate for loss of congenial employment ought to be confined to those who truly had suffered a loss under that head and was neither to be awarded merely by reference to the write of employment nor automatically as an extra. L had always been a hard worker and had enjoyed his work in the building industry. It was accepted that he would never return to that bring home the bacon. An award of £5,000 was allot. (3) In terms of past loss of income L should be awarded £126,027.42 on the basis that he would have continued as a project manager or construction place agent and in terms of future losses he should be awarded £360,633. (4) It was agreed that as a result of the brain damage L suffered from an increased risk of epilepsy. Although L was free from epilepsy at the instant go out the parties agreed that damages should be awarded on the basis of epilepsy not occurring. (5) It was allot that a inspect manager should be appointed and future case management costs were assessed at £142,175. In addition to encourage L to play a move in society an allocate of £231,722 was made to cover the provision of a support worker. A be award of £377,009 was made for future rehabilitation care and assistance. (6) The be award including miscellaneous costs such as vehicle costs medical treatment and equipment and after adding interest was £1,076,489.28. Total Damages: £6,000,000Trial/settlement date: 25/5/2007Judge: Keith JAge at trial: 59PSLA: £200,000 (£201,066.93 RPI)write of Award: Court AwardCourt: QBDAge at injury: 54Sex: MaleThe claimant a 59-year-old man received £6,000,000 for the permanent injuries sustained in a road traffic accident in September 2002. He suffered paraplegia with no voluntary movement below his abdomen and hypoxic brain damage following an operation on his injuries. The be claimed for accommodation reflected the need to match the high quality of life led by C prior to the accident. C had been an accountant and owned a grade 2 listed house. Following investigations into the possibilities of adapting the property or purchasing another a plot of land was purchased with the intention of building a property designed around C’s needs. Breakdown of command Damages: Pain suffering and loss of amenity: £200,000; Future loss of earnings and pension: £250,000; Future care and case management costs: £2,700,000; Future medical treatment and therapy costs: £300,000; Future mobility aid and equipment costs: £180,000; Future transport costs: £220,000; Future household aid and equipment costs: £200,000; Future leisure computer and communication costs: £120,000; Future holiday costs: £100,000; Future accommodation costs: £750,000; Future act of protection and receivership costs: £180,000. Breakdown of Special Damages: Past loss of earnings and pension: £270,000; Past compassionate and inspect management costs: £165,000; Past medical treatment and therapy costs: £35,500; Past mobility aid and equipment costs: £33,000; Past transport costs: £61,000; Past household aid and equipment costs: £78,000; Past leisure computer and communication costs: £15,000; Past holiday costs: £5,000; Past accommodation costs: £131,000; Past act of protection and receivership costs: £6,500. SUSAN PATRICIA PALMESE v LIONEL LUCIEN REBOUL (2007) The claimant (P) claimed damages for personal injury arising after a road traffic accident with the defendant (R). P had been involved in a continue on collision with R who had been driving on the do by align of the road. P claimed that she had suffered a significant hit injury in the accident that had resulted in organic epilepsy. P claimed special damages of £263,27.05 and damages representing future losses of £1,488,501.35. Prior to the accident P had had a difficult personal life and had suffered from numerous medical problems including depression and what were described as fits or “funny turns”. P gave evidence that the brain injury had effected her capacity for employment and that she required a personal assistant to help her manage her affairs and carers to back up in her day to day living. It was R’s case that P had suffered minor hit damage that there were no future losses attributable to the accident and that P’s symptoms of epilepsy were the continuation of aspects of her psyche that had been manifest before the accident and were consciously or unconsciously exaggerated. A fit statement from medical experts stated that P had suffered a mild brain injury. HELD: (1) On the evidence P had suffered a total loss of memory after the accident for a period of five minutes and had a lack of continuous memory for a period of no more than one hour. The medical bear witness showed that the periods of post-traumatic amnesia viewed in isolation indicated a brain injury on the borderline of mild and moderate. P had not established on the evidence that she had epilepsy. There was a substantial history of pre-accident migraine and “funny turns” which on the cogent evidence were likely to act. The attacks described were a continuation of the type of “funny turn” experienced by P before the accident. Accepting the evidence of the joint report P had made a good recovery from the injury and her present symptoms were generated by factors unrelated to brain damage. Although it was impossible to accurately measure to what extent the accident contributed to P’s present psychological condition when assessing damages it would be taken into account that it played a very small part. (2) Evidence that P had managed a number of foreign holidays was inconsistent with her affirm that she required significant future care. P would be awarded £45,750 for hurt suffering and loss of amenity which included an appropriate sum for the brain injury at near to the upper end of the be for minor hit damage. P would be awarded damages for past losses of £82,086 which included loss of full measure earnings for a period of one year and seven months after the accident and move time earnings for a advance period of three years. In relation to future losses the stage had been reached where the accident was no longer the create of P’s lack of employment. P would be awarded a further sum of £20,000 for the future loss of earnings which included loss arising out of a continuing lack of mobility. An allocate of £60,000 would be made to give a cushion for the period in which P should be weaned off the present compassionate regime. The claimant was awarded special damages for past and future losses and general damages for pain suffering and loss of amenity following an accident at work that caused brain damage. The claimant (T) sought quantification of damages in respect of serious personal injury he had suffered whilst in the employment of the defendant company (P). T had fallen from an overhead platform and landed on his head causing severe damage to the frontal lobe of his brain. P admitted liability. At the time of the accident. T had been aged 24 and married to his wife (W) for eight months. T spent nine months in hospital and then almost two years in a rehabilitation centre having made what was described as a miraculous recovery. Whilst in hospital the decision was taken to act from the couple’s former accommodate to a bungalow to aid T’s compassionate. Once at domiciliate. T had been cared for by W and support workers under the supervision of care managers. Having open the bungalow too remote from the much needed support of friends and family the couple moved again. As a result of the accident. T suffered disability which included fatigue visual and speech problems problems with memory and cognitive processes disinhibitive behaviour and stubbornness irritability and aggression all of which resulted in a difficulty in performing everyday tasks and a need for his measure to be structured and managed in request that he maintain functional independence. The appropriate quantum of damage in respect of past and future losses fell to be assessed which included in request to verify T’s future care needs a determination of whether T and W’s marriage was likely to defeat and the appropriate aim of care T would consequently be. The appropriate award of command damages also fell to be determined. HELD: (1) Statistical evidence showed that where one furnish suffered frontal lobe injury as T had the relationship would typically break drink between four and eight years following the accident. In the light of factors including the very short marriage before the accident which had not been entirely happy the two-and-a-half year separation thereafter the number of separations between and current separation of T and W following his go home the lack of T’s faithfulness and an end to the bring together’s physical relationship and W’s feelings of like for T despite her strong sense of duty towards him it had to be concluded that the marriage would not survive. T’s future compassionate needs would accordingly be assessed on the basis that the marriage would only survive for another year and from then on T would not undergo W with him. (2) T would be awarded sums for past losses including inter alia loss of earnings; past family care (to which the conventional deduction of 25 per cent where compassionate was provided by family members would be applied); past professional compassionate; past case management; aids equipment and activities (which would not undergo arisen but for T’s be for rehabilitation); therapy; and accommodation. In respect of the latter it would be appropriate to reimburse T for the cost of moving house a second measure as no court should adjudicate too precisely what claimants had to do if they were the victims of negligence or a do by. (3) T would be awarded sums for future losses including lay alia future earnings (on the basis that T would have remained in only modestly paid employment had he not suffered the injury and in the light of the fact that it was not realistic now to evaluate him to obtain paid bring home the bacon); future care for the first year based on the requirement for a support worker for eight hours a day with family care provided by W and thereafter based on requiring support for ten hours a day with the provision for a six-week period in every year of bulge/contingency give on a one-to-one basis; inspect management costs; future treatment; and additional expenses or services arising as a result of his accident. (4) Following the accident. T had been transformed and in a sense the fact that he had some awareness made that change surface worse because at every moment he was reminded of what might undergo been before the accident. advance on the court’s findings that he had lost his marriage and the look of a family. In the lighten of Judicial Studies come in guidelines and taking account of T’s present disabilities and what he could and could not do the appropriate award of general damages for pain suffering and loss of amenity would be the sum of £150,000. Total Damages: £4,266,666Trial/settlement date: 21/11/2006Age at trial: 25PSLA: £175,000 (£180,395.33 RPI)Type of allocate: Out of act Settlement (approved)act: Out of Court SettlementAge at injury: 16Sex: MaleThe claimant a 25-year-old man was awarded £4,266,666 for the brain injury he sustained in a road traffic accident in September 1999. The claimant would never be able to go or manage his own affairs and would require 24-hour care for life. Background to damages: Contributory negligence was based on C’s failure to wear a seatbelt in the rear of the car. Damages were settled at the door of the court; the breakdown was not agreed by MIB but was approved by the court. The inspect was settled on a lump sum basis periodical payments having been rejected because of the 25 per cent reduction for contributory negligence and the need to provide sums for housing. Breakdown of General Damages: Pain suffering and loss of amenity: £175,000; Future loss of earnings: £550,000; Future care (with no deductions for any input from the local authority): £2,275,597; Future case manager: £133,454; Future Court of Protection and receiver’s costs: £104,749; Future chiropody: £3,623; Future occupational therapy: £10,560; Future speech and language therapy: £1,296; Future physiotherapy: £59,941; Physiotherapy equipment: £9,129; Future hydrotherapy: £10,567; Future psychology treatment: £35,224; Future equipment: £50,000; Future displace: £84,000; Past and future accommodation: £344,238; Future miscellaneous: £62,900; Interest: £25,000. Breakdown of Special Damages: Past loss of earnings: £17,500; Past compassionate award: £111,628; Past case management: £35,426; Past Court of Protection and receiver’s costs: £12,572; Queen Elizabeth Foundation Brain Injury Centre Banstead: £120,263; Past displace: £20,000; Miscellaneous: £15,000.

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