Monthly Archives: March 2015

A CHILD’S EARNING POTENTIAL CANNOT BE “WRITTEN OFF”: HIGH COURT DECISION ON EARNINGS WHERE CLAIMANT ALREADY HAD PRE-EXISTING PROBLEMS

In Tate -v- Ryder Holdings [2014] EWHC 4256 (QB) Mr Justice Parker considered issues relating to loss of earnings of a young child from a disadvantaged background. He dismissed the argument that a relatively nominal award should be made for future loss of earnings. THE CASE The claimant was seriously injured in 1990 when he […]

LOSS OF EARNINGS OF A SELF-EMPLOYED FEMALE PHOTOGRAPHER: A HIGH COURT CASE CONSIDERED

One of the aims of this blog is to highlight the various approaches that the courts take to claims for loss of earnings. In Tait -v- Gloucestershire Hospitals NHS Foundation Trust [2015] EWHC 848(QB) HH Judge McKenna considered a claim for loss of earnings for a 34 year old self employed photographer. THE CASE The […]

JUDGE ADOPTS “OGDEN 7” APPROACH TO FUTURE LOSS OF EARNINGS: AN IMPORTANT ISSUE

In Middleton -v- Ipswich Hospital NHS Trust [2015] EWHC 775(QB) HH Judge McKenna (sitting as a High Court Judge) adopted the “Ogden 7” approach to future loss of earnings in the case of a 13 year old child. THE CASE The case was an action for clinical negligence at birth giving rise to “Erbs Palsy”. […]