Tag Archives: Earnings

WEBINARS: (1) LOSS OF EARNINGS (2) COURT FEES – AVOIDING THE PITFALLS: TWO PLUGS

Just a brief reminder of two webinars this month: one on loss of earnings, the other on court fees and associated issues. CLAIMS FOR LOSS OF EARNINGS This webinar “Claims for loss of earnings: law, procedure and evidence, prove it or lose it” is on the 10th September 2019. The webinar will cover: The law […]

LOSS OF EARNINGS: THE APPROPRIATE LOSS OF EARNINGS MULTIPLIER FOR AN INJURED CLAIMANT: MITIGATION OF LOSS

It is always interesting to look at those cases where the judge decides on loss of earnings. In Syred -v- Powszecnny Zaklad Ubezpieczen (PZU) SA [2016] EWHC 254 (QB) (Mr Justice Soole. In particular there is an interesting riposte to an assertion that the claimant failed to mitigate his loss. KEY POINTS The judge found […]

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 […]

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 […]

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 […]

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 […]

DISABILITY IN THE LABOUR MARKET: ANOTHER EXAMPLE WHERE THE ACTUARIAL TABLES COULD NOT BE USED

The previous post looked at the difficulties that can arise when attempting to use the “Actuarial” calculation for loss of earnings. It is interesting to look at an example of an award for disability in the labour market being used in practice.  In the Northern Irish case of  Hazlett -v- Robinson [2014] NIQB 17 Gillen J […]