The defendant appealed an award of damages to the claimant after a road accident. He had been constructing a boat, and had reduced earnings during this period.
Held: This was a classic case for a Smith v Manchester-type award, rather than the selection of a multiplicand even on an ‘educated guess’ basis. The claimant had undoubtedly suffered reduced earning capacity and was at a disadvantage in the future labour market and the development of his career, but the level of his actual earnings loss depended on how far he sought to decide to work full-time and/or to develop his career in a way which had not been demonstrated before the accident. The award was reduced accordingly.
Judges:
Lord Justice Potter Lady Justice Arden And Lord Justice Keene
Citations:
[2003] EWCA Civ 994
Links:
Statutes:
Judicial Studies Board Guidelines for the Assessment of Damages in Personal Injury Cases
Jurisdiction:
England and Wales
Personal Injury, Damages
Updated: 19 November 2022; Ref: scu.184459
