Category Evidence

LOSS OF EARNINGS: PROVING THAT THE INJURIES CAUSED THE LOSSES

The burden of proof is on the claimant in proving loss of earnings. This applies as much to proving causation as to the duration and amount of the loss.  Here we look at two  recent cases which are very different but highlight the problems there can be with causation.  DUDNEY -v- GUARANTEED ASPHALT LTD [2013] […]

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 […]

PROVING LOSS OF EARNINGS : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK

The basic task of proving damages, particularly elements such as loss of earnings and disability in the labour market, are often overlooked in witness statements prepared for trial.  DRAFTING THE WITNESS STATEMENT TO SUPPORT A CLAIM FOR LOSS OF EARNINGS This issue was recently dealt with in a blog I did in Civil Litigation Brief […]

LOSS OF EARNINGS: HOW DOES THE COURT VALUE “PERKS” AND FRINGE BENEFITS?

I have changed the focus of this blog slightly to include detailed discussions of claims for loss of earnings as these are, almost inevitably, allied to a claim following an accident at work.  In this post I look how the court assesses “fringe benefits”. These benefits can form a substantial part of an employee’s income […]

NEW HEALTH & SAFETY EXECUTIVE GUIDANCE: YOUNG PEOPLE AND GUIDES FOR MANAGEMENT

The guidance given by the  Health and Safety Executive may well play a key part in the determination of standards and liability following the ERRA. YOUNG PEOPLE AT WORK A guide dealing, specifically, with young people can be found at http://www.hse.gov.uk/youngpeople/?ebul=gd-woodworking&cr=8/Nov13 HEALTH & SAFETY GUIDANCE Guidance for management generally can be found: Management for health and […]

WITNESS STATEMENTS AND WORKPLACE ACCIDENTS AFTER THE 1st OCTOBER 2013

  The Enterprise and Regulatory Reforms Act 2013 makes major changes to the way that claimants, in particular, have to approach accidents at work.   This post outlines the change and looks, in particular, at the need for increased detail in witness statements prepared for workplace accidents that take place after 1st October 2013.  THE CHANGES  […]