Tag Archives: 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 […]

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 […]

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 […]