News Article
Sarwar v Ali &MIB [2007] EWHC 1255
Sarwar v Ali &MIB [2007] EWHC 1255Mr Sarwar suffered serious injuries in a road traffic accident rendering him a C5 tetraplegic. His claim for damages, reduced by 25% for contributory negligence, focussed on the appropriate order, lump sum or periodical payments, for the awards for future cost of care and loss of earnings; and the operation of section 2(9) Damages Act 1996 governing the indexation of periodical payments.
The decision of Mr Justice Lloyd Jones is the first to demonstrate the exercise of the courts’ powers under CPR Part 41 to impose periodical payments against the expressed wishes of a claimant. The total value of the damages award, over £9.5m (net £7.1m), makes Mr Sarwar’s case one of the highest judgment sums of its kind and the first to deal with indexation in relation to future loss of earnings.
Mr Sarwar was represented by Frank Burton QC and the MIB by Richard Methuen QC and Katherine Awadalla, all of 12 KBW.
Download the judgment