Loss of Earnings in UK Law

Leading Cases
  • Lim Poh Choo v Camden and Islington Area Health Authority
    • House of Lords
    • 21 Jun 1979

    How should living expenses be assessed and deducted in such a case? It is a simpler, more realistic, calculation and accords more closely with the general principle of the law that the courts in assessing compensation for loss are not concerned either with how the plaintiff would have used the moneys lost or how she (or he) will use the compensation received.

  • Gammell v Wilson
    • House of Lords
    • 05 Feb 1981

    The principle must be that the damages should be fair compensation for the loss suffered by the deceased in his lifetime. As such, it must be shown, on the facts found, to be at least capable of being estimated. If sufficient facts are established to enable the court to avoid the fancies of speculation, even though not enabling it to reach mathematical certainty, the court must make the best estimate it can.

  • British Transport Commission v Gourley
    • House of Lords
    • 08 Dic 1955

    In an action for personal injuries the damages are always divided into two main parts. First, there is what is referred to as special damage which has to be specially pleaded and proved. This consists of out-of-pocket expenses and loss of earnings incurred down to the date of trial, and is generally capable of substantially exact calculation. Secondly, there is general damage which the law implies and is not specially pleaded.

  • Hodgson and Others v Trapp and Another
    • House of Lords
    • 10 Nov 1988

    Essentially what the court has to do is to calculate as best it can the sum of money which will on the one hand be adequate, by its capital and income, to provide annually for the injured person a sum equal to his estimated annual loss over the whole of the period during which that loss is likely to continue, but which, on the other hand, will not, at the end of that period, leave him in a better financial position than he would have been apart from the accident.

  • Fairley v John Thompson (Design and Contracting Division) Ltd
    • Court of Appeal (Civil Division)
    • 09 Feb 1973

    It is important to realise that there is a difference between an award for loss of earnings as distinct from compensation for loss of earning capacity. Compensation for loss of future earnings is awarded for real assessable loss proved by evidence. Compensation for diminution in earning capacity isawarded as part of general damages. He will have diminished earning capacity, but he has not lost any future earnings.

  • Dingle v Associated Newspapers Ltd
    • Court of Appeal
    • 08 Feb 1961

    If there were four distinct physical injuries, each man would be liable only for the consequences peculiar to the injury he inflicted, but in the example I have given the loss of earnings is one injury caused in part by all four defendants.

  • Pickett v British Rail Engineering Ltd
    • House of Lords
    • 02 Nov 1978

    The judgments, further, bring out an important ingredient, which I would accept, namely that the amount to be recovered in respect of earnings in the "lost" years should be after deduction of an estimated sum to represent the victim's probable living expenses during those years. I think that this is right because the basis, in principle, for recovery lies in the interest which he has in making provision for dependants and others, and this he would do out of his surplus.

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Books & Journal Articles
  • Court Awards of Damages for Loss of Future Earnings: An Empirical Study and an Alternative Method of Calculation
    • Núm. 29-3, Septiembre 2002
    • Journal of Law and Society
    This article examines the effect upon damages for personal injury of methods used in the United States of America to calculate loss of future earnings. The work of lawyers is examined from the pers...
    • Núm. 46-4, Julio 1983
    • The Modern Law Review
    ...... for the benefit of his estate may include " any damages for loss of income after that person's death." In order to appreciate ... for personal injuries, damages for future loss of earnings were to be calculated on the basis of the plaintiff's post- ......
  • An Analysis of Reinforcers and Punishers in Three New Zealand Prisons*
    • Núm. 11-1, Marzo 1978
    • Journal of Criminology (formerly Australian and New Zealand Journal of Criminology)
    ...... to inmates and officers which presented 15 paired punishers (eg loss of privileges versus loss of earnings) and required a choice to be ......
    • Núm. 35-3, Mayo 1972
    • The Modern Law Review
    ...... where damages fall to be assessed for continuing pecuniary loss, the court should award an annuity rather than a lump sum. ... or in cases where the facts, for example with regard to earnings progression or taxation, are such as to render standard tables ......
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Law Firm Commentaries
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