Roberts v Johnstone [1989] 1 QB 878 – Law Journals

Advocate’s advice: Home fee

Bill Braithwaite QC outlines the current issues in following Roberts v Johnstone for accommodation claims ‘The problem of Roberts v Johnstone has become important because of the gradual disparity between damages for pain and suffering and house prices – a sad reflection on the law’s approach to damages for injuries (or a broken property market?).’ …

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Accommodation claims: Behind the times

Philip M D Grundy, Nick Martin, Edward J P Grundy and Matthew Smith explain why Roberts v Johnstone is no longer applicable ‘There is no doubt that several of the potential solutions identified provide both the tortfeasor and the claimant with a range of practical alternatives to the accommodation conundrum.’ At 38.204, McGregor on Damages …

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Future accommodation: The end of the Roberts v Johnstone award?

Andrew Davis and Juliet Stevens investigate fair compensation for a room of one‘s own ‘The court‘s task in relation to future accommodation is to make an award which ensures a claimant can live in appropriate accommodation for the rest of their life, at no extra cost to themselves and without the burden of borrowing too …

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The Discount Rate: All change please

Charlie Cory-Wright QC and Sadie Crapper summarise government proposals for changing how the discount rate is set ‘The government believes the current assumption that claimants will only invest in very-low-risk investments is unrealistic and may produce significantly larger awards than provide 100% compensation.’ The moment we all were waiting for arrived on 7 September 2017 …

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Advocate’s Advice: Discount rate delight or disaster

Bill Braithwaite QC explains multipliers and the future of the discount rate in personal injury compensation ‘Almost every penny of compensation is allocated to a specific need in the future. Take away the money, and the therapy and support stop, and the claimant and his or her family can no longer afford to live in …

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Accommodation: An all-time bungalow

Nigel Spencer Ley reviews the effect of the new discount rate on accommodation cases like Roberts v Johnstone ‘It cannot be right that a claimant who has a real financial need as a result of the defendant’s negligence has to pay damages to the defendant.’ Amid apocalyptic warnings from insurers as to the impact of …

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Damages Awards: Keeping it in control

Philippa Barton investigates the risks and pitfalls of sending damages to vulnerable clients ‘If there is any risk the client may not be able to manage the damages award in their own best interests, the first step is to obtain a formal assessment of capacity.’Most personal injury practitioners will at some time or another act …

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Interim Payments: Room for rent

Deidre Goodwin analyses Eeles applications and the case for reviewing Roberts v Johnstone ‘The leit motif running through reported Eeles and trial decisions is that Roberts v Johnstone [1989] is an imperfect solution.’Has the time come to reconsider the validity of the apparently immutable Roberts v Johnstone [1989] principle in order to provide a fairer …

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Damages: Quantum in amputation cases

Satinder Hunjan discusses what new technology and recent legal changes mean for claims ‘The fundamental point is that of the patient’s own choice with their own advice from their treating clinician. It is not a matter for any medico-legal expert directly.’In recent times, there has been a sea change in the approach to the quantification …

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Interim payments: Advance but with ‘disciplined and structured’ caution

Dr Jock Mackenzie and Richard Lodge provide their annual update on interim payments and the Eeles principles ‘It appears the issue causing the most contention between the parties and difficulty for the court is the need for an interim payment to fund the purchase and adaptation of a property.’ In the third of our annual …

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