Man Injured in Australia to Receive £5.5m

Giles Harding, a British man who became tetraplegic as a result of a car accident in Australia, is expected to receive around £5.5 million after a landmark decision of the House of Lords. Mr Harding brought the case against his ex-girlfriend after she caused the accident. Although the accident occurred abroad, and involved a foreign insurance company, Mr Harding was able to have his damages assessed under English law. The ruling has important implications for those seeking compensation after being injured abroad.

 

The accident happened on 3 February 2002 in New South Wales, Australia. Mr Harding was being driven down a dirt track by his then girlfriend, Louise Wealands. The track was covered with potholes and, after failing to engage the four-wheel drive, Ms Wealands lost control of the vehicle and it turned over, injuring Mr Harding. Ms Wealands was the owner of the vehicle in which the accident occurred and was covered by an Australian insurance company.

 

The issue to be decided was under which law – Australian or English – the damages should be assessed. Under Australian law, the Motor Accidents Compensation Act 1999 places a cap on the maximum amount of compensation that can be awarded. This meant that, in Mr Harding's case, he would receive 30 per cent less than was likely under English law. The House of Lords ruled, however, that English law should apply and, as a result, higher levels of compensation were applicable.

 

The ability of UK citizens to have damages assessed under English law if they are injured whilst abroad will often be a considerable advantage. English law is frequently more generous to claimants than other jurisdictions.