The claimant sought damages for the loss of his chances of pursuing his career as a kick-boxer. The judge considered four different courses of varying success which his career might have taken. He accepted that, whether or not those scenarios had materialised, the claimant would have earned a base level of income from giving kickboxing classes. He then evaluated the percentage chance of each scenario being realised and applied the percentage to the earnings the claimant would have derived on the basis of that scenario.
Held: Though the methodology in general was correct, the particular evaluation used by the judge was illogical. The judge should have applied an overall discount to reflect the many contingencies (including risk of injury) arising in respect of each scenario and the fact that none of them might have been realised. In calculating its own figures, the claimant’s chances of achieving fame and fortune as a kick-boxer at various stages in his career were evaluated on a scale from 80% to 20% and damages for his loss of earnings awarded accordingly.
Citations:
[2001] PIQR Q13, [2001] EWCA Civ 361
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – Herring v Ministry of Defence CA 10-Apr-2003
The claimant had suffered serious injury in a parachuting accident which deprived him of the opportunity of pursuing his chosen career in the police force. The judge found ‘to the extent of virtual certainty’ that he would have applied to join the . .
Cited – Dixon v Were QBD 26-Oct-2004
The claimant and others were being driven by the defendant. All had drunk, and none wore seat belts. The claimant sought damages for his injuries. General damages were agreed, and the issue was as to loss of future earnings.
Held: The claimant . .
Cited – Gregg v Scott HL 27-Jan-2005
The patient saw his doctor and complained about a lump under his arm. The doctor failed to diagnose cancer. It was nine months before treatment was begun. The claimant sought damages for the reduction in his prospects of disease-free survival for . .
Cited – Brown v Ministry of Defence CA 10-May-2006
Claim for injury suffered whilst training in Army. The claimant was committed to a career in the Army, and had anticipated promotion. She complained that her loss of pension rights had been calculated at a rate to reflect an average length career. . .
Cited – Collett v Smith and Another QBD 11-Aug-2008
The claimant had been an eighteen year old playing football for Manchester United reserves when he was injured by a foul tackle which ended his football career. The defendant admitted liability, but denied that he would have gone on to be a premier . .
Lists of cited by and citing cases may be incomplete.
Damages, Personal Injury
Updated: 31 May 2022; Ref: scu.147470