Case details

Cadet’s Car Rental and another (Respondents) v Pinder (Appellant) (Bahamas)

Case ID: JCPC 2017/0033

Jurisdiction: The Court of Appeal, Commonwealth of Bahamas

Case summary

Issue(s)

Whether the Court of Appeal erred in their approach to, and application of, the ‘Ogden Tables’ (actuarial tables published by the UK government and used to calculate lump sum compensation due in personal injury cases) in the circumstances of this case.

Facts

On 4 February 2013 the Appellant was involved in a road traffic accident on the island of Eleuthera in the Commonwealth of The Bahamas. A car driven by the Appellant collided head-on with a car driven by Mr Walter Boname, which had been rented from the Second Respondent. Mr Boname died as a result of the accident (his estate is the First Respondent in this appeal) and the Appellant suffered serious injuries, including the fracture and dislocation of his right hip which left him with a permanent limp. The Appellant duly brought proceedings against the Respondents for personal injury and consequential loss. When the case came to trial liability was not in issue - it having been accepted that the Respondents were wholly responsible for the accident - but there remained a dispute as to the assessment of damages. The case was heard by the Chief Justice of the Supreme Court who awarded the Appellant $614,752.86 in respect of his personal injuries, comprising awards for loss of earnings, future medical expenses, pain and suffering and loss of amenity. The Respondents appealed this decision in relation to two elements of the award - those which related to future loss of earnings ($380,000) and past loss of earnings ($63,910). The Court of Appeal allowed the appeal and substituted an award of $93,238.96 for future loss of earnings, and $51,910 for past loss of earnings. In March 2017 the Appellant was granted permission to appeal this decision to the Judicial Committee of the Privy Council.

Parties

Appellant(s)

Harry Pinder

Respondent(s)
  1. Cadet's Car Rental
  2. Personal Representative to the Estate of Walter B Boname

Appeal

Justices

Lord Kerr, Lord Wilson, Lord Hodge, Lord Lloyd-Jones, Lady Arden

Hearing start date

17 Oct 2018

Hearing finish date

17 Oct 2018

Watch hearing
17 Oct 2018 Afternoon session