Monthly Archives: July 2015
DAMAGES ASSESSED ON A LOSS OF CHANCE BASIS: INTERESTING COURT OF APPEAL OBSERVATIONS AND A ROUND UP OF THE RELEVANT CASES
In Lillington -v- Ministry of Defence [2015] EWCA Civ 775 the Court of Appeal made some interesting observations in relation to damages for loss of chance of career promotion. The court was somewhat sceptical about the (joint) submissions that damages for future loss of earnings could not be considered on a “loss of chance” basis […]
THE OGDEN TABLES -v- SMITH & MANCHESTER: A COURT OF APPEAL DECISION ON LOSS OF EARNINGS
In Billett -v- Ministry of Defence [2015] EWCA Civ 773 the Court of Appeal overturned a decision that future loss of earnings should be determined by the “Ogden tables” approach and replaced it with the more traditional Smith -v- Manchester approach. Lord Justice Jackson sets out a detailed explanation of the “calculation” of a Smith […]
PERSONAL INJURY: LIABILITY AND DAMAGES 