Category Damages

HOW MUCH SHOULD A LEG COST? DETAILED CONSIDERATION OF SUITABILITY OF PROSTHETICS

Originally posted on Zenith PI: PERSONAL INJURY LITIGATION IN PRACTICE:
In Swift v Carpenter [2018] EWHC 2060 (QB) Mrs Justice Lambert carried out a detailed consideration of the value and cost of prosthetic legs.   It is unusual for this issue to be considered at length and the judgment is worth reading for that issue alone. …

LOSS OF EARNINGS: CLINICAL NEGLIGENCE AND CAUSATION

The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lead to claims being made which, ultimately, cannot be proven.   An example of this can be seen in the decision of Mr Justice Nicol […]

WHEN A DOCTOR CANNOT GO BACK TO WORK: EXAMINATION OF THE LOSS OF EARNINGS AWARD

There are some important matters considered in the decision of Mr Justice Picken in Dr Sido John -v- Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust [2016] EWHC 407 (QB). THE CASE The claimant was a doctor who was injured in a fall. He was successful in establishing clinical negligence on the part […]

LOSS OF EARNINGS AFTER LEAVING THE MILITARY: MURPHY -v- MINISTRY OF DEFENCE

In Murphy -v- Ministry of Defence [2016] EWHC 3 (QB) HH Judge Coe QC (sitting as a judge of the High Court) considered damages for loss of earnings in the case of a 21 year old soldier who suffered injuries that caused him to leave the army. KEY POINTS The sum of £10,000 was awarded […]

LOSS OF EARNINGS AND THE SELF-EMPLOYED: SOME KEY ISSUES

There are now a record number of self-employed people working in the UK and the numbers are increasing. There are 4.6 million people working for themselves, that is 15% of the total workforce.  Here I want to look at some of the issues that face the self-employed claimant when claiming loss of earnings.  We also […]

LOSS OF EARNINGS:THE BADLY INJURED CHILD AND PENSION LOSS

This blog has looked before at the approach that judges take when assessing loss of earnings in cases of badly injured young children.  This issue was considered in the judgment of Mrs Justice Cox in Manna -v- Central Manchester University Hospitals NHS Foundation Trust [2015] EWHC 2279 (QB).  There is an interesting, and important, issue relating […]

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 […]