The case concerned the meaning of the phrase ‘compensation for earnings lost’ as it applied to self employed persons.
Held: The fact that a person’s accounts described fees as turnover, did not prevent them being still earnings within the Act.
Judges:
Lord Justice Brooke Lady Justice Hale Mr Justice Wilson
Citations:
[2003] EWCA Civ 729, Times 04-Aug-2003
Links:
Statutes:
Social Security (Recovery of Benefits) Act 1997 Sch2 Col1
Jurisdiction:
England and Wales
Citing:
Cited – Russell v Town and County Bank HL 1888
Lord Herschell said: ‘The profit of a trade or business is the surplus by which the receipts from the trade or business exceed the expenditure necessary for the purpose of earning those receipts.’ . .
Cited – British Transport Commission v Gourley HL 1955
It is a universal rule that the plaintiff cannot recover more than he has lost and that realities must be considered rather than technicalities. The damages to be awarded for personal injury including loss of earnings should reflect the fact that . .
Cited – Williams v Devon County Council CA 18-Mar-2003
The claimant had recovered damages, but was ordered to pay costs since she had recovered less than was paid in. She appealed.
Held: There were anomalies in the system with regard to the recoverable social security benefits. The sums . .
Cited – Lim Poh Choo v Camden and Islington Area Health Authority HL 21-Jun-1979
The plaintiff was catastrophically injured. Her life expectation was not affected, but she would never be able to work at her expected profession as a doctor, and was entitled to recover for loss of earnings. The defendant said that there was in . .
Lists of cited by and citing cases may be incomplete.
Damages, Benefits
Updated: 19 November 2022; Ref: scu.185468
