Brain damaged woman with little awareness of her own
state – human vegetable.
state – human vegetable.
In Court of Appeal, Denning argued that to give her
substantial damages would be waste.
substantial damages would be waste.
Simply give her everything she needs.
But House of Lords disagreed and declined to overrule West v Shephard.
Should be done legislatively if at all.
Recognised that effect of Wise v Kaye and West v
Shephard was to draw a clear distinction between damages for pain and
suffering (subjective) and damages for loss of amenity (objective).
Shephard was to draw a clear distinction between damages for pain and
suffering (subjective) and damages for loss of amenity (objective).
