The claimant was injured when scaffolding on which he was working collapsed. The defendants appealed the awards for loss of future earnings. The claimant was self-employed working through a limited company controlled by his wife. His past earnings were challenged.
Held: Though the accounting records were poor, there was some basis for an award. ‘The court is faced with the uncertainty of whether the business will continue when loss of earnings from the business is what the claimant must be compensated for, or whether the business might at some stage collapse, when it is the claimant’s disadvantage in the labour market for which he should receive compensation . . in assessing the reasonableness of the award, and in particular the multiplier used, it is fair to take into account that the claimant will be at a disadvantage in the labour market if the business were to collapse.’ The appeal succeeded to a minor extent.
Judges:
Aldous, Waller, Hale LJJ
Citations:
[2001] EWCA Civ 1074
Links:
Jurisdiction:
England and Wales
Citing:
Cited – Smith v Manchester City Council CA 10-Jun-1974
Damages – earnings loss for persistent disability
The plaintiff, a part time domestic cleaner slipped and injured herself (a frozen shoulder) when working for the defendant. It was accepted that the cause of the slip was the defendant’s negligence. At the time of the claim she was still employed by . .
Cited – Ashcroft v Curtin CA 1971
A plaintiff, injured in a motor accident, was seeking to recover damages for loss of profit.
Held: The court commented adversely on the evidence and stated that no figures were given, and that counsel for the defendant had force in his . .
Lists of cited by and citing cases may be incomplete.
Personal Injury, Damages
Updated: 31 May 2022; Ref: scu.147609
