LOSS OF EARNINGS AND THE USE OF COMPARATORS

Any accident at work usually involves a loss of earnings of some type.  When the loss is serious and there is no certain career path a claimant will usually try to use “comparators” to show the court what their potential earnings would have been.

This use of comparators was considered by the High Court in the case of Maclennan -v- Morgan [2013] EWHC 4044 QB.  In that case the claimant deployed a large number of potential comparators.  The court cut down the number of witnesses who could give evidence but still allowed the claimant to call 14 witnesses in relation to comparable earnings and 14 on other matters (plus the cliamant and his wife).

See the discussion at 

http://civillitigationbrief.wordpress.com/2013/12/30/can-the-court-cut-down-the-number-of-witness-statements-maclennan-v-morgan-sindall-considered/

The case can be found at http://www.bailii.org/cgi-bin/markup.cgi?doc=/ew/cases/EWHC/QB/2013/4044.html&query=morgan+and+sindall&method=boolean

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