The claimant appealed the calculation of damages for future losses of earmings.
Held: The cross appeal on general damages failed, the effect of the injury of the plaintiff’s general enjoyment of life justified the award. As to the future earnings, the accident had been followed many months later by a strike, which the judge had held the plaintiff would have taken part in. 80% of the strikers had been dismissed. The judge restricted his losses accordingly. The claimaint had argued that a settlement was in train which would lead to a cash sum being offered to each sacked striker. After judgement this was fixed at andpound;28,000. In this case he had been discouraged from pursuing this point at trial, and the court had been inadvertently misled. Given this, the court should exercise its discretion to act upon evidence becoming available after the trial, and award the additional sum.
Judges:
Lord Justice Thorpe, Lord Justice Judge
Citations:
[1999] EWCA Civ 1704
Jurisdiction:
England and Wales
Personal Injury, Damages
Updated: 21 January 2023; Ref: scu.146619