Cayman Islands court awards CI$6 million (US$7.3 million) in personal injury damages, Bermuda court awards US$4 million

The Cayman Compass has reported that the Grand Court of the Cayman Islands has recently awarded the highest award of personal injury damages recorded in the Cayman Islands, in the sum of CI$6 million (about US$7.3 million).

Record compensation payout for accident victim

The judgment comes shortly after the Supreme Court of Bermuda awarded a personal injury plaintiff the sum of US$4 million in damages against the Government, for injuries and losses suffered as a result of exposure to toxic mould in the workplace: http://www.royalgazette.com/article/20160223/NEWS/160229909

http://www.gov.bm/sites/default/files/SC-E-Donald-v-Minister-of-Works.pdf

From a legal perspective, these cases (and others decided in offshore jurisdictions, such as Colonial Insurance Company Limited v Thomson [2016] CA Bda 6 Civ, http://www.gov.bm/sites/default/files/CA-Tinee-Harvey-v-Dennika-Warren-Colonial-Insurance-Co-Ltd-v-Kate-and-James-Thomson-2016-CA-Bda-6-Civ-1-April-2016.pdf) are interesting in their approach to fairly technical issues such as the appropriate discount rate to be applied, and the appropriate uplift to be awarded to damages awards to reflect the relatively high cost of living.

For some further discussion, see:

http://www.stewartslaw.com/supreme-court-of-bermuda-awards-negative-discount-rates-for-stewarts-laws-client.aspx

http://www.stuartslaw.com/cms/document/Insurance_Litigation_Review_Q1_2016.pdf

Given the large number of highly-paid executives resident in jurisdictions such as Bermuda and the Cayman Islands, and the equally large number of road traffic accidents that seem to occur, it is likely to be only a matter of time before we see an even-larger sum awarded in damages by a Bermuda or Cayman court.

 

 

 

 

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