Bygrave v Thomas Cook Tour Operations Ltd.

An appellate court should not interfere with an assessment of damages unless the award falls outside the permissible range and is palpably wrong. A claimant may recover the reasonable cost of domestic assistance where an injury makes household tasks painful or difficult, even if the claimant continues working. A reasonable change from physical to sedentary employment does not defeat such a claim. Future travel costs may be awarded where the evidence permits an inference that disability will make the claimant more reliant on taxis than an average person.

Mrs Julie Bygrave suffered a serious ankle fracture in Cyprus during a package holiday supplied by Thomas Cook Tour Operations Limited. Negligence was admitted. Deputy District Judge Ashworth assessed damages in the Central London County Court, awarding sums for general damages, future care and assistance, and future travel expenses.

Thomas Cook appealed those three awards. It argued that the injury was not sufficiently severe for the general damages award, that Mrs Bygrave’s continued work and earlier performance of cleaning work defeated the claim for future domestic assistance, and that insufficient evidence supported future taxi expenses.

1. Appeal dismissed. The awards for general damages, future care and assistance, and future travel expenses were upheld. Costs were ordered in the appeal on an indemnity basis.
2. The £19,000 general damages award was within the permissible range. The trial judge was entitled to classify the injury as severe, having regard to the extensive treatment, fixation with plates and screws, permanent restriction of movement, continuing pain, scarring and progressive post-traumatic arthritic change. The Court of Appeal would interfere only if the award was so outside the range as to be palpably wrong.
3. The claimant’s continued work as a cleaner did not show that she could perform domestic cleaning without compensable difficulty. The evidence established that standing, walking and household tasks aggravated her ankle and caused pain. She was entitled to compensation for obtaining assistance.
4. The move from part-time cleaning work to full-time sedentary work was made on medical advice and was reasonable. That change did not defeat the claim for injury-related domestic assistance.
5. Despite limited evidence detailing taxi use, the judge was entitled to infer from the claimant’s restricted mobility that she would probably rely on taxis more than an average person. The modest annual allowance was therefore justified.

• Court of Appeal (Civil Division): Thomas Cook Tour Operations Limited appealed against the assessment of damages by Deputy District Judge Ashworth. The appeal was dismissed, with costs on an indemnity basis.
• Central London County Court: On 17 July 2003, Deputy District Judge Ashworth awarded, among other sums, £19,000 general damages, £19,230 for future care and assistance, and £2,485 for future travel expenses.