The applicant had been severely injured at work. He was an epileptic, and had not disclosed his condition to his employers, who because of the safety aspects of the work on oil rigs could not have employed him if he had disclosed the sickness. The employers resisted payment of damages for loss of earnings and congenial employment.
Held: The losses flowed from his inability to continue working because of his epilepsy, not his injury. He had committed criminal offences under the Theft Act in making statements to continue his employment. The safety critical context of his work was important, and public policy required a declaration that he was not entitled to any loss of earnings claim as a seaman nor to damages for loss of his congenial sea-going career.
Judges:
Mr Justice Morland
Citations:
[2001] EWHC QB 450
Links:
Citing:
Cited – Hunter v Butler CA 28-Dec-1995
There could be no Fatal Accidents Acts damages for a loss of ‘moonlighting’ earnings dependency. . .
Cited by:
Appeal from – Hewison v Meridian Shipping Pte, Coflexip Stena Offshore Ltd, Flex Installer Offshore Ltd CA 11-Dec-2002
The claimant was awarded damages for injuries suffered in his work as a seaman. The respondents claimed that he should not receive damages, since he had made false declarations as to his health in order to obtain employment, hiding his epilepsy . .
Lists of cited by and citing cases may be incomplete.
Damages, Personal Injury
Updated: 05 June 2022; Ref: scu.166952
