Turner & Anor v Jordan & Anor

A claimant must prove injury, causation and loss on the balance of probabilities. Where a claim depends substantially on reported psychological symptoms, the court may assess reliability by comparing the claimant’s account with contemporaneous medical records, surveillance evidence and observed conduct. A conversion disorder attributable to an accident may found an award, but compensation is confined to the consequences proved to have resulted from that accident. Later deterioration caused by an unrelated medical event is not recoverable against the original tortfeasor. Unsupported claims for continuing care, treatment, adaptations and other consequential losses fail.

The claim arose from a road traffic collision involving an uninsured driver. The Motor Insurers Bureau admitted liability for the injuries caused by the collision but disputed the extent of the first claimant’s alleged continuing disabilities and consequential losses. The second claimant’s claim had settled, and judgment had already been entered against the first defendant with damages to be assessed.

The principal issues were whether the first claimant had sustained the alleged physical, cognitive and psychological consequences, whether he had suffered a conversion disorder caused by the accident, and the appropriate assessment of damages.

1. Burden and reliability. The claimant bore the burden of proving his case on the balance of probabilities. The court was entitled to assess the reliability of the claimant and supporting witnesses against contemporaneous medical evidence, expert evidence, surveillance footage and the claimant’s conduct during the trial. The claimant’s evidence and that of his wife were rejected on disputed matters. The evidence of the defendant’s experts was accepted.
2. Conversion disorder and causation. The contemporaneous medical evidence established that the claimant had developed an initially genuine conversion disorder after the accident. The disorder was exacerbated by the subsequent hernia operation, which was not caused by the accident. The court found that, absent that exacerbation, the accident-related conversion disorder would have resolved within about six months.
3. Recoverable loss. The recoverable consequences were limited to the minor physical injuries and the short-lived conversion disorder attributable to the accident. The alleged urinary problems, continuing disability, care needs, future costs and most other heads of loss were not proved to have resulted from the accident. The claimant was awarded £5,000 for pain, suffering and loss of amenity, £11,000 for past loss of earnings, £500 for travel, £445 for agreed property items, £100 for crutches and £125 for increased utility bills.
4. Disposition. Judgment was entered for the first claimant against the Motor Insurers Bureau in the total sum of £17,170, with interest.