Over three days this week the Court of Appeal heard – remotely – the test case challenge to the current basis of valuing awards for the additional costs of suitable or adapted accommodation in claims arising from serious injuries. The calculation features use of the personal injury discount rate and, since that is negative at present, it produces (mathematically at least) ‘no loss’ for the claimant. The claimant in Swift v Carpenter argues this is unsatisfactory and therefore seeks a new approach.
Last week the Court of Justice of the European Union (CJEU) decided, in LE v Transport Aereos Portugueses SA (Case C-74/19), that a carrier is not liable for flight delay caused by an unruly passenger (a violent one, in this case) in instances in which the passenger’s behaviour can be characterised as extraordinary circumstances not inherent in normal air carrier activity and all reasonable measures were taken to limit the resulting delay (to the blameless passenger).
These were the settings for four Supreme Court judgments today, delivered by video link given the prevailing restrictions. Principles of vicarious liability were raised by two cases. Recovery of by way of damages of sums paid under a commercial contract for surrogacy was raised in a third and the fourth concerned recovery by an insurer of a settlement which it argued was vitiated by misrepresentation. This blog is necessarily short and serves only as a summary of today’s judgments.