Tag Archives: Age

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 […]

LOSS OF EARNINGS FOR A CHILD BADLY INJURED AT BIRTH: ANOTHER EXAMPLE FROM THE HIGH COURT

In HS -v-Lancashire Teaching Hospitals NHS Trust [2015] EWHC 1367 (QB)  Mr Justice William Davis considered the claim for loss of earnings in a case where a claimant suffered a catastrophic head injury at birth. THE CASE The claimant suffered catastrophic brain injury due to negligence which led to meningitis. Liability was admitted. Certain heads […]

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”. […]

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 […]