Category Loss of earnings
FUTURE LOSS OF EARNINGS AT £1,446.431: A HIGH COURT CASE EXAMINED
Continuing with the practice of looking at judicial decisions in relation to loss of earnings we look at Siegel -v- Pummell [2014] EWHC 4309 (QB) where Mr Justice Wilkie considered a claim for loss of earnings where a high achieving IT Consultant. THE CASE The claimant was an IT Consultant and suffered injuries in his […]
LOSS OF EARNINGS IN THE CASE OF A CHILD INJURED AT BIRTH: AN EXAMPLE FROM THE HIGH COURT
It is always worthwhile looking at the way a trial judge has awarded damages for loss of earnings. This assists greatly in advising clients as to the likely approach at trial. In Robshaw -v- United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB) Mr Justice Foskett awarded damages for loss of earnings to a 12 […]
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”. […]
LOSS OF EARNINGS: SERIOUS INJURY AND THE “LOST YEARS”: HIGH COURT CASE CONSIDERED
The question of whether a child claimant can receive earnings for the “lost years” when their life expectancy is reduced is a difficult one. It was considered by Mrs Justice Elizabeth Laing DBE in Totham -v- King’s College NHS Foundation Trust [2015] EWHC 97 (QB). At the moment the law on this issue is highly […]
AGE IS NO BAR TO A CLAIM FOR FUTURE LOSS OF EARNINGS: MILLER -v- IMPERIAL CONSIDERED
In Miller -v- Imperial College Healthcare NHS Trust [2014] EWHC 3772 (QB) an award for future loss of earnings was made to a 70 year old women. Despite the loss of a leg the claimant was continuing to work. KEY POINTS OF JUDGMENT ON LOSS OF EARNINGS The judge accepted that the claimant would have […]
LOSS OF EARNINGS IN A CASE WHERE THE CLAIMANT WAS A CHILD WHEN INJURED
A claim made for loss of earnings when the claimant is a child is always problematic. There were several issues considered by Mr Justice Kenneth Parker in Tate -v- Ryder Holdings [2014] EWHC 4256(QB). Here we look at how the court approached the claim for loss of earnings. THE CASE The claimant was seriously injured […]
LOSS OF EARNINGS, LOSS OF “PERKS” AND CHANCES OF PROMOTION: A HIGH COURT EXAMPLE
The case of Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust [2014] EWHC 4216 (QB) provides an interesting example of the court assessing damages in a case where liability was agreed. Here we look at the judge’s approach to the claim for loss of earnings. THE CLAIMANT The claimant was 43 years old and […]
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] […]
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 […]
PERSONAL INJURY: LIABILITY AND DAMAGES 