Monthly Archives: October 2014
COURT OF APPEAL UPHOLDS FINDING OF NO RESIDUAL EARNING CAPACITY
It is rare for the Court of Appeal to consider matters relating to loss of earnings. In the judgment today in Ali -v- Caton and the MIB [2014] EWCA Civ 1313 the Court of Appeal upheld a finding of the trial judge that the claimant had no residual earning capacity. THE FACTS The claimant was […]
WRITTEN SUBMISSIONS: STATEMENTS OF ISSUES; PLEADING AND PROOF
Originally posted on Civil Litigation Brief:
The decision of Mr Justice Walker in Burrows -v- Northumbrian Walker Ltd [2014] EWHC 3305(QB) considers the need for clarity in written submission and for the issues the judge is asked to determine to be clearly defined. It also considers whether a judge can properly consider the “reasonably practicable”…
DISABILITY IN THE LABOUR MARKET: ANOTHER EXAMPLE WHERE THE ACTUARIAL TABLES COULD NOT BE USED
The previous post looked at the difficulties that can arise when attempting to use the “Actuarial” calculation for loss of earnings. It is interesting to look at an example of an award for disability in the labour market being used in practice. In the Northern Irish case of Hazlett -v- Robinson [2014] NIQB 17 Gillen J […]
LOSS OF EARNINGS: THE “OGDEN APPROACH” IN PRACTICE: TWO CASES EXAMINED
Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes. Here we look […]
PERSONAL INJURY: LIABILITY AND DAMAGES 