Senior v Barker & Allen Ltd
| Jurisdiction | England & Wales |
| Judge | LORD DENNING,LORD JUSTICE DANCKWERTS,LORD JUSTICE DIPLOCK |
| Judgment Date | 08 February 1965 |
| Judgment citation (vLex) | [1965] EWCA Civ J0208-1 |
| Court | Court of Appeal |
| Date | 08 February 1965 |
[1965] EWCA Civ J0208-1
The Master of the Rolls
(Lord Denning)
Lord Justice Danckwerts
Lord Justice Diplock
In The Supreme Court of Judicature
Court of Appeal
MR. IAN FIFE (instructed by Messrs. Buller, Jeffries & Kenshole, Birmingham) appeared as Counsel on behalf of the Appellants.
MR. MICHAEL DAVIES Q. C. and MR. B. WARRER (instructed by Messrs. Faber & Co., Birmingham) appeared as Counsel on behalf of the Respondent.
Mr. Cecil Senior was born in Jamaica on the 12th September, 1944 and he came over to this country when he was about fifteen. Shortly after his seventeenth, birthday in 1961 be went to work as a machine operator, more as a learner than anything else, with a firm called Barker and Allen, Limited, in Birmingham. Unfortunately be there, after three and a half weeks, sustained a severe injury to his right hand, and he is a right-handed boy. The result was that he had one or two operations and in the course of this the fingers have been amputated. All have gone except his right hand first finger. He has a little piece of that index finger, the proximal part of that finger. The skin was torn off the back of his hand and he had to have grafting on it so as to heal the scars. He was discharged from hospital just after two months. He has really lost the main part of the use of his right hand, but he can grip quite a number of things between his thumb and the little piece of his forefinger which is left. He was sent to a rehabilitation centre and finished there by the end. of May, 1962.
He went to the Labour Exchange for quite a tine, for over a year, and they had not got a vacancy for him, a one handed boy. His previous employers offered him work there, sleeping up and so forth, at his old wages of £7.7s. a week, but he said be did not want to be a sweeper all his life, and he did not take that post on. So I am afraid he had no work from then until the time of the trial, which was in July, 1964.
The question arose, what damages should be awarded? The Judge awarded him a total of over £7,000 — £7,004 7s. 4d. that was £6,500 general damages and £504 7s. 4d. special damages. Now the defendants appeal to this Court saying that that sum is far too high. We have been through the case, as we always do, to see whether that is a wholly...
To continue reading
Request your trial
-
Darel Christopher v Benedicta Samuels dba Samuels Richardson & Company
...2008 [unreported] 34 See Bird v Cocking & Sons Ltd [1951] 2 T.L.R. 1260 at 1263, per Birkett LJ. 35Senior v Barker & Allen Ltd [1965] 1 W.L.R. 429. 36 [1968]2 QB at 363, 364. 37 (1971) 1 WLR 1731 . 38 (1982) 1 WLR 149 . 39 (1979) AC 556 40 [1997] 56 W.I.R. 229 . 41 See paragraphs 22 to 28......
-
Craig Hartwell v Kelvin Laurent Attorney General
...(1996) 3 All E R 272. (27) Rosetta Mayers v Deep Bay Development Company Ltd (Civil Suit No. 241 of 1993 Antigua & Barbuda). (28) Senior v Barker and Allen Ltd. (1965) 1 WLR 429; (29) Wells v Wells [1998] 3 All E R 481. (30) Wilshire v Essex Health Area Authority (1988) 1 AC 1074 CATCHWORD......
- Vishnu Narine Sarju v Felix Walker (No 1)
-
Heeralall v Hack Bros. (Construction) Company Ltd et Al
...for one may overlap and impinge upon another.” 43 Attention should also be paid to what Lord Denning has said in Senior v. Barker [1965] 1 All E.R. 818; that judges in making their assessments should keep pace with the times, and recognise that wages have gone up and that there are changes ......
-
Courts 2
...to live in complete oblivion of happenings around them. See: Senior (an infant) v. Barker and Allen Ltd. (1968) 1 All E.R. 818, 8 19; (1965) 1 W.L.R. 429, 432 where Lord Denning, M.R., after examining an award made in 1953 in an accident of an almost identical description observed thus: “Th......