Court of Appeal allows appeal of High Court award of damages arising from road traffic accident where the plaintiffs had both sought medical attention for the first time several weeks post-collision, on the grounds that, regardless of the deference which an appellate court must afford to the judgment of the trial judge, the awards of general damages in favour of these plaintiffs were not just and fair or proportionate to the injuries they received.
Damages – personal injuries from road traffic accident – whether award made in respect of pain and suffering to date and into the future was excessive and should be set aside – issues of credibility, causation and the extent of the plaintiffs’ injuries – whether the awards that had been made by the High Court judge fell within the parameters that were appropriate having regard to the findings of fact which she had made – Court should only intervene where it is satisfied that the award made was not proportionate to the injuries sustained – the quantification of damages – appeal court left in the dark as to the rationale behind the award – difficult to see much evidence of pain, suffering, treatment or limitation on life style such as would support an award of general damages – nothing in the evidence to suggest that Mr Shannon would experience much by way of pain or discomfort into the future – awards of general damages in favour of these plaintiffs were not just and fair or proportionate to the injuries they received – awards lessened – appeal allowed.