Povey v W. E. & E. Jackson
| Jurisdiction | England & Wales |
| Judge | LORD JUSTICE EDMUND DAVIES,LORD JUSTICE WIDGERY,SIR FREDERIC SELLERS |
| Judgment Date | 24 March 1970 |
| Judgment citation (vLex) | [1970] EWCA Civ J0324-3 |
| Court | Court of Appeal (Civil Division) |
| Date | 24 March 1970 |
[1970] EWCA Civ J0324-3
In The Supreme Court of Judicature
Court of Appeal
(On appeal from the District Registry, Manchester)
Lord Justice Edmund Davies
Lord Justice Widgery and
Sir Frederic Sellers
Mr. F. REYNOLD (instructed by Messrs Smiles & Co., Agents for Messrs Whitworths, Manchester) appeared on behalf of the Appellant (Plaintiff).
Mr. B. DUCKWORTH (instructed by Messrs Hatchett Jones & Co., Agents for Messrs Hodgson & Sons, Preston) appeared on behalf of the Respondents (Defendants).
This appeal relates solely to damages, and indeed, as launched, to the general damages of £250 awarded to a 46-year-old Plaintiff by the learned Registrar at Manchester in July of 1969. As a general observation, a party who is considering appealing on quantum is unwise to concentrate simply upon one item of damage, A more prudent course is to look at the damages awarded as a whole and not to seek to impeach a particular item unless it is, after careful consideration, demonstrably manifest that the global sum awarded ought not to stand. In this case, for reasons which will become obvious, the Plaintiff has sought to attack simply the award of general damages, which he alleges was too little. The Registrar in addition awarded the sum of £1, 540 by way of special damages. He did that on the basis that the incapacity extended from about the 1st December, 1966, to the 31st May, 1968; that is a period of 77 weeks. The agreed rate of special damages being £20 a week, he arrived at a figure of £1, 540. In the result he awarded the Plaintiff a sum of £1, 663. 4. 9d., which represented the combination of £250 general damages and £1, 540 special damages, less half the statutory benefits received. The Defendants have belatedly cross-appealed. Unlike the Plaintiff, they have not been content to attack the general damages awarded, but have said initially that both they said the special damages should have been less than was awarded. The Plaintiff says that the general damages should have been not £250 but in the region of £1,000.
The very short facts are that about the 1st December, 1960, the Plaintiff contracted brucellosis owing to the negligence of the Defendants, and for a substantial period of time thereafter he was incapacitated from work. He had very distressing symptoms which were itemised by the learned Judge, symptoms not simply of a physical character but having psychological accompaniments of a distressing and disturbing kind. The two questions that arise here are, first of all, howlong did those symptoms continue and in what degree, and accordingly to what general damages ought he to be entitled; and secondly what special damages should he awarded for the period of time during which he...
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...the current state of the law as at the date of citation: at [22].] George v Pinnock [1973] 1 WLR 118 (folld) Povey v W E & E Jackson [1970] 1 WLR 969; [1970] 2 All ER 495 (not folld) Smith v Manchester Corporation (1974) 17 KIR 1 (folld) Monoj Kumar Roy (Roy & Partners) for the plaintiff Si......
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Eaton v Johnston
...2 Q.B. 130; [1970] 1 All E.R. 1202; [1970] 1 Lloyd”s Rep. 107, dicta of Lord Denning, M.R. applied. (6) Povey v. W.E. & E. Jackson, [1970] 1 W.L.R. 969; [1970] 2 All E.R. 495, dictum of Edmund Davies, L.J. applied. (7) United Dairy Farmers Ltd.v. GouldbourneUNK(1984), 21 J.L.R. 10, dicta of......
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George v Pinnock
...contentions pressed on behalf of the respondents. On their behalf, Mr. Gibson laid special stress, with the aid of ( Povey -v- Jackson 1970 1 W. L. R. p.969) on the global figure awarded by the learned trial judge. He sought inter alia to persuade us to add the sum assessed at £19,000 for g......
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John Alan Smerdon v Tali Kaipeng Raquel [1973] PNGLR 313
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