KA-2023-MAN-000005 - [2025] EWHC 1593 (KB)

Ground 9 asserts that the Recorder wrongly substituted personal injury damages for pain, suffering and loss of amenity in place of the normal measure of loss. This complaint is not a fair reflection of the judgment at [7], [15], and [31]. The Recorder did not accept that the Defendant’s breaches caused any injury. He found that they exacerbated the Claimant’s existing psychological damage. He seems to have had this distinction well in mind at [31].

However, the fundamental nature of the damages claimed remained in personal injury, as had been pleaded from the outset in the Particulars of Claim and then the Amended Particulars of Claim. It is apparent from the Recorder’s later ruling on costs (on 9 October 2023) that he regarded himself as having awarded damages for personal injury.

Ground 10 asserts that the Recorder erred in assessing loss at £4,500. This ground could only succeed if the Recorder’s award was so high as to be perverse. It was not.

Ground 11 is a catch-all that cannot advance matters and was not really relied on by Mr Waite.