Fowkes v Parker

In *Fowkes v Parker*, the New South Wales Court of Appeal considered an appeal concerning damages awarded by a jury in a medical negligence claim. The specific details of the parties and the precise nature of the medical negligence were not central to the Court of Appeal's determination, which focused on the jury's assessment of damages.

The primary legal issue before the Court of Appeal was whether the jury's award of damages was so excessive as to demonstrate an error in principle or a misapplication of the law, thereby justifying intervention by the appellate court. This involved a review of the evidence presented at trial concerning the plaintiff's injuries and the resulting financial and non-financial losses.

The Court of Appeal found that while the jury's finding of liability was not in question, the quantum of damages awarded was demonstrably excessive and could not be supported by the evidence. The Court applied the principle that an appellate court will intervene to reduce or set aside a jury's award of damages if it is so unreasonable that no jury, properly instructed and acting reasonably, could have reached it. The Court concluded that the jury had likely made an error in their assessment of the damages.

Consequently, the Court of Appeal allowed the appeal in part, ordering a new trial limited solely to the assessment of damages. The finding of liability was upheld, but the quantum of damages was to be reassessed.