Richard Baker has written an article on Swift v Carpenter for the November issue of the AvMA Lawyers Service Newsletter.
“The Court of Appeal’s decision in Swift v. Carpenter1 contains both a welcome reassertion of the guiding principles behind the assessment of damages in personal injury cases and the adoption of a potentially flawed mechanism. By its own admission it does not provide the final answer to the problem of valuing special accommodation claims but it does at least provide clarity and compensation for a large number of injured claimants. This article will go some way towards looking at how the approach in Roberts v. Johnstone failed and the approach that the courts will now adopt. It will explore the problems that persist and how the courts might seek to resolve those.”
You can read the full article here.
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