Tag Archives: Witness statement
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: PROVING THAT THE INJURIES CAUSED THE LOSSES
The burden of proof is on the claimant in proving loss of earnings. This applies as much to proving causation as to the duration and amount of the loss. Here we look at two recent cases which are very different but highlight the problems there can be with causation. DUDNEY -v- GUARANTEED ASPHALT LTD [2013] […]
PROVING LOSS OF EARNINGS : THE IMPORTANCE OF THE WITNESS STATEMENT: THE QUESTIONS YOU SHOULD ASK
The basic task of proving damages, particularly elements such as loss of earnings and disability in the labour market, are often overlooked in witness statements prepared for trial. DRAFTING THE WITNESS STATEMENT TO SUPPORT A CLAIM FOR LOSS OF EARNINGS This issue was recently dealt with in a blog I did in Civil Litigation Brief […]
LOSS OF EARNINGS AND THE USE OF COMPARATORS
Any accident at work usually involves a loss of earnings of some type. When the loss is serious and there is no certain career path a claimant will usually try to use “comparators” to show the court what their potential earnings would have been. This use of comparators was considered by the High Court in […]
PERSONAL INJURY: LIABILITY AND DAMAGES 