Chai Kang Wei Samuel v Shaw Linda Gillian: Road Accident, Damages Assessment, Loss of Future Earnings
In Chai Kang Wei Samuel v Shaw Linda Gillian, the Court of Appeal of Singapore heard an appeal regarding the High Court's decision on the quantum of damages awarded to Ms. Shaw for injuries sustained in a road accident caused by Mr. Chai. Mr. Chai did not contest liability. The primary legal issue was the appropriate quantum of damages for Ms. Shaw's injuries, specifically concerning loss of future earnings, loss of earning capacity, pre-trial loss of earnings, and pain and suffering. The Court of Appeal allowed the appeal in part, restoring the Assistant Registrar's awards for loss of earning capacity and pain and suffering arising from head injuries.
1. Case Overview
1.1 Court
Court of Appeal of the Republic of Singapore1.2 Outcome
Appeal Allowed in Part
1.3 Case Type
Civil
1.4 Judgment Type
Grounds of Decision
1.5 Jurisdiction
Singapore
1.6 Description
Appeal regarding damages awarded to Shaw Linda Gillian for injuries sustained in a road accident caused by Chai Kang Wei Samuel. The court partially allowed the appeal.
1.7 Decision Date
2. Parties and Outcomes
| Party Name | Role | Type | Outcome | Outcome Type | Counsels |
|---|---|---|---|---|---|
| Chai Kang Wei Samuel | Appellant | Individual | Appeal allowed in part | Partial | |
| Shaw Linda Gillian | Respondent | Individual | Appeal partially successful | Partial |
3. Judges
| Judge Name | Title | Delivered Judgment |
|---|---|---|
| Chao Hick Tin | Justice of Appeal | Yes |
| Andrew Phang Boon Leong | Justice of Appeal | No |
| V K Rajah | Justice of Appeal | No |
4. Counsels
| Counsel Name | Organization |
|---|---|
| Anthony Wee | United Legal Alliance LLC |
| P E Ashokan | KhattarWong |
| Susie Ann Smith | KhattarWong |
4. Facts
- The Appellant lost control of his car and collided with the Respondent, who was waiting on the pavement.
- The accident occurred on 6 December 2003 at the junction of Paterson Road and Orchard Road.
- The Respondent sustained a fracture at the base of her skull, resulting in traumatic brain injury.
- The Respondent also suffered fractures to her right leg, metatarsal and cuboid bones, and severe degloving of her right foot.
- The Respondent was on medical leave from 6 December 2003 to 28 February 2006, a total of 816 days.
- The Respondent worked as a physiotherapist before the accident and returned to work part-time after her medical leave.
- The Respondent undertook a degree course during her medical leave.
5. Formal Citations
- Chai Kang Wei Samuel v Shaw Linda Gillian, Civil Appeal No 115 of 2009, [2010] SGCA 22
- Shaw Linda Gillian v Chai Kang Wei Samuel, , [2009] SGHC 187
- Public Prosecutor v Chai Kang Wei Samuel, , [2004] SGDC 198
6. Timeline
| Date | Event |
|---|---|
| Road accident occurred | |
| Appellant pleaded guilty to dangerous driving | |
| Interlocutory judgment entered against the Appellant | |
| Assistant Registrar made award on assessment of damages | |
| Appeal heard by the Court of Appeal | |
| Court of Appeal allowed the appeal in part |
7. Legal Issues
- Loss of Future Earnings
- Outcome: The court found that the Respondent did suffer a loss of future earnings.
- Category: Substantive
- Related Cases:
- [1971] 3 All ER 1208
- [1973] 2 Lloyd’s Rep 40
- [1994] 1 SLR(R) 340
- Loss of Earning Capacity
- Outcome: The court found that an award for loss of earning capacity was justified.
- Category: Substantive
- Related Cases:
- [1971] 3 All ER 1208
- [1973] 2 Lloyd’s Rep 40
- [1974] 1 KIR 1
- [1977] 1 All ER 9
- [1994] 1 SLR(R) 340
- Pre-Trial Loss of Earnings
- Outcome: The court upheld the Judge's award for pre-trial loss of earnings.
- Category: Substantive
- Pain and Suffering
- Outcome: The court reinstated the AR's award for pain and suffering arising from the head injuries.
- Category: Substantive
- Related Cases:
- [2008] 4 SLR(R) 825
8. Remedies Sought
- Monetary Damages
9. Cause of Actions
- Negligence
- Personal Injury
10. Practice Areas
- Personal Injury Litigation
11. Industries
- Healthcare
12. Cited Cases
| Case Name | Court | Affirmed | Citation | Jurisdiction | Significance |
|---|---|---|---|---|---|
| Public Prosecutor v Chai Kang Wei Samuel | District Court | Yes | [2004] SGDC 198 | Singapore | Cited to show that the Appellant pleaded guilty to a charge of dangerous driving. |
| Ashcroft v Curtin | English Court of Appeal | Yes | [1971] 3 All ER 1208 | England and Wales | Cited for understanding the heads of damages for loss of future earnings and loss of earning capacity. |
| Fairley v John Thomson (Design and Contracting Division) Ltd | English Court of Appeal | Yes | [1973] 2 Lloyd’s Rep 40 | England and Wales | Cited to show the differences between loss of earnings and loss of earning capacity. |
| Smith v Manchester Corporation | English Court of Appeal | Yes | [1974] 1 KIR 1 | England and Wales | Cited to establish the conceptual principles demarcating the two heads of damages. |
| Moeliker v A Reyrolle and Co Ltd | English Court of Appeal | Yes | [1977] 1 All ER 9 | England and Wales | Cited to reaffirm that a claim for loss of earning capacity arises where a plaintiff is in employment at the time of the trial, but there is a risk that he or she may lose this employment at some time in the future. |
| Teo Sing Keng and anor v Sim Ban Kiat | Court of Appeal | Yes | [1994] 1 SLR(R) 340 | Singapore | Cited to consider the differences between loss of future earnings and loss of earning capacity. |
| Choy Kuo Wen v Soh Chin Seng | High Court | Yes | [2008] SGHC 113 | Singapore | Cited regarding the circumstances in which an award for loss of earning capacity would be appropriate. |
| Ong Ah Long v Dr S Underwood | Malaysian Federal Court | Yes | [1983] 2 MLJ 324 | Malaysia | Cited to show that there must be evidence on which the court can find that the plaintiff will suffer future loss of earnings. |
| Tan Yu Min Winston (by his next friend Tan Cheng Tong) v Uni-Fruitveg Pte Ltd | High Court | Yes | [2008] 4 SLR(R) 825 | Singapore | Cited regarding the component approach to assess damages to be awarded for head injuries. |
| Shaw Linda Gillian v Chai Kang Wei Samuel | High Court | Yes | [2009] SGHC 187 | Singapore | The decision from which this appeal arose. |
| Bonham-Carter v Hyde Park Hotel, Limited | N/A | Yes | (1948) 64 TLR 177 | N/A | Cited for the principle that a plaintiff has the burden of proving his or her claim in damages. |
| Livingstone v The Rawyards Coal Co | N/A | Yes | (1880) 5 App Cas 25 | N/A | Cited for the compensatory principle of damages. |
13. Applicable Rules
| Rule Name |
|---|
| No applicable rules |
14. Applicable Statutes
| Statute Name | Jurisdiction |
|---|---|
| No applicable statutes | |
15. Key Terms and Keywords
15.1 Key Terms
- Loss of future earnings
- Loss of earning capacity
- Pre-trial loss of earnings
- Pain and suffering
- Traumatic brain injury
- Component approach
- Mitigation of losses
15.2 Keywords
- Road accident
- Personal injury
- Damages
- Loss of earnings
- Singapore
- Court of Appeal
17. Areas of Law
| Area Name | Relevance Score |
|---|---|
| Automobile Accidents | 95 |
| Personal Injury | 90 |
| Damages Assessment | 85 |
| Causation | 70 |
| Road Traffic Accident Law | 60 |
| Contract Law | 30 |
| Criminal Law | 20 |
16. Subjects
- Tort
- Personal Injury
- Damages