Tag Archives: Smith -v- Manchester

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 […]

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 […]

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 […]