Tag Archives: Loss of earnings
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 […]
WHEN A DOCTOR CANNOT GO BACK TO WORK: EXAMINATION OF THE LOSS OF EARNINGS AWARD
There are some important matters considered in the decision of Mr Justice Picken in Dr Sido John -v- Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust [2016] EWHC 407 (QB). THE CASE The claimant was a doctor who was injured in a fall. He was successful in establishing clinical negligence on the part […]
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 […]
LOSS OF EARNINGS AND DISABILITY IN THE LABOUR MARKET FOR INJURIES ARISING AS A RESULT OF SEXUAL ABUSE
In BDA -v- Domenico Quirino [2015] EWHC 2974 (QB) His Honour Judge Wood considered the issue of loss of earnings in the case of a victim of sexual abuse. THE CASE The claimant had suffered from systematic sexual abuse from the defendant, her karate instructor, for five years. She had a good educational history and […]
LOSS OF EARNINGS AND THE SELF-EMPLOYED: SOME KEY ISSUES
There are now a record number of self-employed people working in the UK and the numbers are increasing. There are 4.6 million people working for themselves, that is 15% of the total workforce. Here I want to look at some of the issues that face the self-employed claimant when claiming loss of earnings. We also […]
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 […]
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: 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 […]
PERSONAL INJURY: LIABILITY AND DAMAGES 