The plaintiff was not to be prevented from recovering the costs of private medical treatment.
It was argued and decided that (a) damages for the loss of earnings for the ‘lost years’ is nil, and (b) ‘the only relevance of earnings which would have been earned after death is that they are an element for consideration in assessing damages for loss of expectation of life, in the sense that a person earning a reasonable livelihood is more likely to have an enjoyable life.’
Slade J held that no compensation could be awarded for earnings during the ‘lost years’ to the plaintiff of thirty-seven whose expectation of life had been reduced to two years: ‘I cannot think it right that I should give damages for loss of earnings for a period during which ex hypothesi he is not alive to earn them . . In my judgment, therefore, the only relevance of earnings which would have been earned after death is that they are an element for consideration in assessing damages for loss of expectation of life, in the sense that a person earning a reasonable
‘ livelihood is more likely to have an enjoyable life.’
Slade J
[1953] 1 QB 617
Law Reform (Personal Injuries) Act 1948 2(4)
England and Wales
Citing:
Cited – Phillips v London and South Western Railway
Co CA 1879
In an action against the railway company for personal injury to a passenger, a physician, making pounds 5,000 a year, and where is an increasing practice, the jury in assessing the damages to their consideration, besides the pain and suffering of . .
Cited – Roach v Yates CA 1937
The plaintiff had been gravely injured. His wife and sister-in-law had nursed him and gave up their employment for that purpose.
Held: The plaintiff could recover their lost wages, albeit there was no suggestion of any agreement between the . .
Cited by:
Cited – Eagle (By Her Litigation Friend) v Chambers CA 29-Jul-2004
The claimant had been severely injured, and a substantial damages award made. Cross appeals were heard as to the several elements awarded. The claimant sought as part of her award of damages for personal injuries the fees she would have to pay to . .
Cited – Cunningham v Harrison CA 17-May-1973
The plaintiff had been severely injured, and would need nursing care for the rest of his life. His wife nursed him until her death, but had given a statement that if not for her two full time nurses would be required. His employer continued to pay . .
Cited – Pickett v British Rail Engineering HL 2-Nov-1978
Lost Earnings claim Continues after Death
The claimant, suffering from mesothelioma, had claimed against his employers and won, but his claim for loss of earnings consequent upon his anticipated premature death was not allowed. He began an appeal, but then died. His personal representatives . .
Not Followed – Pope v D Murphy and Son Ltd QBD 1961
Both the injured plaintiff’s earning capacity and his expectation of life had been diminished and in assessing damages for the diminution of his earning capacity his Lordship had regard to the plaintiff’s pre-accident expectation of life.
Personal Injury, Damages
Updated: 04 December 2021; Ref: scu.200631