Heil (Claimant/Appellant) v Rankin and Another
| Jurisdiction | England & Wales |
| Judgment Date | 23 March 2000 |
| Judgment citation (vLex) | [2000] EWCA Civ J0323-7 |
| Date | 23 March 2000 |
| Court | Court of Appeal (Civil Division) |
| Docket Number | QBENF 98/1427/A2 |
[2000] EWCA Civ J0323-7
IN THE SUPREME COURT OF JUDICATURE
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(MR D BRENNAN QC (Sitting as a Deputy High Court Judge))
Royal Courts of Justice
Strand
London WC2A 2LL
ON APPEAL FROM THE BRISTOL COUNTY COURT
(HIS HONOUR JUDGE BURSELL QC)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(MR JUSTICE COLMAN)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(HIS HONOUR JUDGE DEAN QC sitting as a High Court Judge)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(MR JUSTICE TURNER)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(RECORDER MR ROBERT SMITH QC (sitting as a Deputy High Court Judge)
ON APPEAL FROM THE QUEEN'S BENCH DIVISION
(MR RECORDER ROBERT SMITH QC sitting as a Deputy High Court Judge)
ON APPEAL FROM THE LIVERPOOL COUNTY CURT
HIS HONOUR JUDGE PHIPPS
The Master of the Rolls
(Lord Wolf)
Lord Justice Beldam
Lord Justice Otton
Lord Justice May
Mr Justice Nelson
QBENF 98/1427/A2
CCRTF 99/0545/B2
QBENF 99/0884/A2
QBENF 2000/0026/A2
QBENF 1999/1104/A2
QBENF 2000/0100/A2
QBENF 2000/0101/A2
PTA 2000/5351/A1
MR CHRISTOPHER PURCHAS QC and MR DAVID RICHARDSON (Instructed by Messrs Russell Jones & Walker, Bristol) appeared on behalf of the Appellant
MR DERMOD O'BRIEN QC, MR STEPHEN WORTHINGTON and MR CHARLES DOUGHERTY (Instructed by Messrs Bingham & Co, London) appeared on behalf of the Respondent
MR ALLAN GORE (Instructed by Messrs Townsends, Swindon) appeared for the Appellants.
MR RODERICK DENYER QC (Instructed by Messrs Rigg & Co, Bristol) appeared for the Defendant's Insurers (Eagle Star Insurance Co).
MR NICHOLAS HINCHLIFFE QC and MR IAN LITTLE (Instructed by Messrs Thompsons, Manchester) appeared for the Appellant.
LORD GOLDSMITH QC, MR DERMOD O'BRIEN QC and MR PAUL RUSSELL (Instructed by Messrs Hill Dickinson, Liverpool) appeared for the Respondent.
MR JOHN LEIGHTON-WILLIAMS QC and MR ANTHONY SEYS LLEWELLYN (Instructed by Messrs Blatchfords, South Harrow) appeared for the Appellants.
MR STEPHEN STEWART QC and MR TERENCE WALKER (Instructed by Messrs Hill Dickinson, Cheapside, London) appeared for the Respondent.
MRS ELIZABETH-ANN GUMBEL QC and MR HENRY WITCOMB (Instructed by Messrs T G Baynes, Sidcup) appeared for the Appellant.
MR PHILIP HAVERS QC and MS MARY O'ROURKE (Instructed by Messrs Trowers & Hamlin, London) appeared on behalf of the Third Defendant (London Ambulance Service)
MR JAMES BADENOCH QC and MR RICHARD HERMER (Instructed by Messrs Irwin Mitchell, Sheffield) appeared on behalf of the Appellant.
MR PHILIP HAVERS QC and MS MARY O'ROURKE (Instructed by Messrs Trowers & Hamlin, London) appeared on behalf of the Respondent.
MR STEPHEN IRWIN QC and MR ROBIN OPPENHEIM (Instructed by Messrs Irwin Mitchell, Sheffield) appeared for the Appellant.
MR PHILIP HAVERS QC and MS MARY O'ROURKE (Instructed by Messrs Trowers & Hamlin, London) appeared for the Defendant.
MR ALLAN GORE (Instructed by Messrs David Levene, Wood Green, London) appeared for the Appellant.
MR STEPHEN STEWART QC and MR TERENCE WALKER (Instructed by Messrs Hill Dickinson, Chester) appeared on behalf of the Respondent.
MR TIMOTHY KING QC (Instructed by the Treasury Solicitor, London, SW1H 9JS) appeared as Amicus Curiae
The appropriate order for costs on an appeal of this nature raises some points of principle of general importance. These are test cases with which the Court of Appeal was dealing. They are cases which, in the interest of the general public, were heard by the Court of Appeal so it would have an opportunity to give guidance as to the appropriate assessment of costs for general damages having regard to a report made by the Law Commission.
Until the Court of Appeal was in a position to give that guidance, litigants generally, both claimants and defendants, were in the difficulty that they did not know with any degree of certainty the...
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JR (a Protected Party by his Mother and Litigation Friend JR) v Sheffield Teaching Hospitals NHS Foundation Trust
...of the reasonableness of the head of loss and of its amount: Sowden v Lodge [2004] EWCA Civ 1370. The principles are encapsulated in Heil v Rankin [2001] 2 QB 272 at 293/294 as cited in Whiten v St George's Healthcare Trust [2011] EWHC 2066 (QB): "….. the aim of an award of damages for pers......