ACD v See Mun Li: Provisional Damages for Head Injuries in Child Road Accident
In ACD (by her next friend B) v See Mun Li, the High Court of Singapore, presided over by Teo Guan Siew AR, addressed the issue of provisional damages for a young girl who sustained head injuries in a road accident. The court awarded $132,409 in immediate damages and granted a provisional order allowing the plaintiff to apply for further damages within five years if she develops sexual hormonal deficiency. The court considered the principles for granting provisional damages, balancing the need for finality with the potential for future medical complications.
1. Case Overview
1.1 Court
High Court1.2 Outcome
Judgment for the plaintiff with a provisional order for damages.
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
High Court case concerning provisional damages for a girl injured in a road accident, addressing the possibility of future sexual hormonal deficiency.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| ACD (by her next friend B) | Plaintiff | Individual | Judgment for the plaintiff with a provisional order for damages | Partial | |
| See Mun Li | Defendant | Individual | Judgment against the defendant with a provisional order for damages | Lost |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Teo Guan Siew | Assistant Registrar | Yes |
4. Counsels
| Counsel Name | Organization |
|---|---|
| N. Srinivasan | Hoh Law Corporation |
| Willy Tay | Ari, Goh & Partners |
4. Facts
- Plaintiff, a six-year-old girl, was injured in a road traffic accident in August 2004.
- Plaintiff sustained serious head injuries, leading to central diabetes insipidus and cortisol deficiency.
- Consent judgment was entered in respect of liability at 65% in favor of the plaintiff.
- There was uncertainty whether the plaintiff would develop sexual hormonal deficiency.
- Medical evidence indicated sexual hormonal deficiency would be clear around age 13.
- The court awarded $132,409 in immediate damages.
5. Formal Citations
- ACD (by her next friend B) v See Mun Li, Suit 62/2007, NA 26/2008, [2009] SGHC 217
6. Timeline
| Date | Event |
|---|---|
| Plaintiff knocked down by a car driven by the defendant. | |
| Suit 62/2007 filed. | |
| NA 26/2008 filed. | |
| Judgment issued. |
7. Legal Issues
- Provisional Damages
- Outcome: The court granted a provisional order for damages, allowing the plaintiff to apply for further damages if she develops sexual hormonal deficiency within five years.
- Category: Substantive
- Sub-Issues:
- Contingent event
- Sexual hormonal deficiency
8. Remedies Sought
- Damages for personal injuries
- Provisional damages
9. Cause of Actions
- Negligence
10. Practice Areas
- Personal Injury Litigation
11. Industries
- No industries specified
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Murphy v Stone-Wallwork (Charlton) Ltd | N/A | Yes | [1969] 1 WLR 1023 | England | Cited for the principle that damages are assessed at trial once and for all. |
| Adan v Securicor Custodial Services Ltd | N/A | Yes | [2004] EWHC 394 | England | Cited for the growing school of thought that the 'once and for all' principle can lead to hardship and injustice. |
| Deeny v Gooda Walker Ltd | N/A | Yes | [1995] 4 All ER 289 | England | Cited for the comment that it may be in the interests of justice that a final award of damages should not be made until a reliable prognosis of the plaintiff’s medical condition. |
| Willson v Ministry of Defence | N/A | Yes | [1991] 1 All ER 638 | England | Cited for the interpretation of 'chance' and 'serious deterioration' in the context of provisional damages. |
| Patterson v Ministry of Defence | N/A | Yes | [1987] CLY 1194 | England | Cited for the view that the statutory power to award provisional damages should be limited to cases where the adverse prospect is reasonably clear-cut. |
| Cowan v Kitson Insulations Limited and others | N/A | Yes | [1991] 1 PIQR Q19 | England | Cited for the proposition that a claimant who chooses not to claim for provisional damages ought not to be penalised for taking that option. |
| Fairchild v Glenhaven Funeral Services Ltd and Others | N/A | Yes | [2002] 1 WLR 1052 | England | Cited for the principle that the burden remains on the plaintiff to prove that the contingency arose and was caused by the accident. |
13. Applicable Rules
| Rule Name |
|---|
| Rules of Court (Cap. 322, R5, 2006 Rev Ed) |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| Supreme Court of Judicature Act (Cap. 322, 2007 Rev Ed) | Singapore |
| Limitation Act (Cap. 163, 1996 Rev Ed) | Singapore |
15. Key Terms and Keywords
15.1 Key Terms
- Provisional damages
- Contingency
- Sexual hormonal deficiency
- Head injuries
- Road traffic accident
15.2 Keywords
- provisional damages
- personal injury
- road accident
- head injury
- sexual hormonal deficiency
- Singapore
- High Court
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Provisional Damages | 90 |
| Assessment of Damages | 85 |
| Damages | 80 |
| Personal Injury | 75 |
| Measure of Damages | 70 |
| Road Traffic Accident | 70 |
| Automobile Accidents | 65 |
| Civil Procedure | 50 |
| Evidence | 40 |
| Medical Negligence | 30 |
16. Subjects
- Civil Procedure
- Personal Injury
- Damages