Abstract: Damages assessed. C, a building contractor, aged 30 at the date of the accident and 31 at trial, suffered injury as a result of a road traffic accident when he was thrown from his motorbike when a vehicle pulled out in front of him.

He suffered abrasions to his arm and leg. C was due to fly out to Australia for a two week holiday the day after the accident and did indeed do so. Whilst on the flight he began to experience pain in the neck and left knee.

When he landed in Australia C visited a GP and was prescribed painkillers. C visited the GP again during the holiday because of the pain in his neck, and was given two pain killing injections. He was also given a neck brace which he wore for two weeks. C's enjoyment of the holiday, during which he was best man at a friend's wedding, was severely affected for the first week, and C was unable to participate in pre-booked excursions such as scuba diving.

On returning to the United Kingdom C's neck pain subsided and had resolved by six weeks after the accident. However, the knee pain was still evident. C did not take any time off work. On examination five months after the accident knee pain, although intermittent, was still present. The prognosis was for a full recovery from the knee pain by about eight months after the accident, and C made a full recovery in line with that prognosis. General Damages: £1,800. Loss of enjoyment of holiday: £750.

Judge: District Judge Clegg

Counsel: For the claimant: David Calvert

Solicitor: For the claimant: Leech & Co

Regina v James Anthony Whitehead

No. 2007/00203/B1

Court of Appeal Criminal Division

23 May 2007

[2007] EWCA Crim 2078

2007 WL 2573764

Before: Lord Justice Laws Mrs Justice Cox DBE and His Honour Judge Loraine-Smith (Sitting as a Judge of the Court of Appeal Criminal Division)

Wednesday 23 May 2007

Representation

• Mr B P Berg appeared on behalf of The Appellant.
• Mr M Melville-Shreeve appeared on behalf of The Crown.

Judgment

Lord Justice Laws: