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PI Brief Update

Adding Insult to Injury: Time to Review Roberts v Johnstone, Again - Will Waldron QC, Exchange Chambers

07/02/13. When it comes to recovering the reasonable costs of necessary adapted accommodation, there must be a better way of achieving justice for the catastrophically injured then the current system provides for– really, there must. Time after time I sit opposite an innocent victim of some dreadful accident or other and watch as a face turns from incredulity to anger as the principles of Roberts v Johnstone ((1989) QB 878 CA (Civ Div)) are explained. It is literally a case from and of another century. It is about time it was consigned to the dustbin of legal history and we found something better. It offends against the fundamental principle of the law of tort: damages should be awarded so as fully, fairly and reasonably to compensate victims of accidents. If you believe Roberts does that, perhaps you should think again.

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Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.