Doyle v Wallace

JurisdictionEngland & Wales
Judgment Date18 June 1998
Date18 June 1998
CourtCourt of Appeal (Civil Division)

Court of Appeal

Before Lord Justice Nourse, Lord Justice Otton and Lord Justice Chadwick

Doyle
and
Wallace

Damages - loss of earnings - chance of a job lost - quantification

Damages for loss of chance of job

Damages were recoverable in a personal injury action for loss of earnings from a job for which the plaintiff, had she not suffered injury, might possibly have become qualified. They should be assessed by the court evaluating the chance and applying a percentage amount as a means of quantification.

The Court of Appeal so held in a reserved judgment when, inter alia, affirming in part an award of damages made by Judge Young, sitting as a High Court judge on March 7, 1997, against the defendant, Courtney Wallace, in respect of injuries in a road accident in 1989 suffered by the plaintiff, Julia Marie Doyle, suing by her mother and next friend, Elsa Doyle.

Mr John Leighton-Williams, QC and Mr Christopher Goddard for the defendant; Mr Christopher Purchas, QC and Mr Colin Nixon for the plaintiff.

...

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35 cases
  • Gregg v. Scott, (2005) 330 N.R. 1 (HL)
    • Canada
    • 27 Enero 2005
    ...[paras. 43, 108]. Smith v. National Health Service Litigation, [2001] Lloyd's Med. Rep. 90, refd to. [para. 45]. Doyle v. Wallace, [1998] P.I.Q.R. Q. 146, refd to. [paras. 67, Kranz v. M'Cutcheon (1920), 18 Ontario WN 395, refd to. [para. 69]. Kenyon v. Bell, [1953] S.C. 125, refd to. [para......
  • Gregg v Scott
    • United Kingdom
    • House of Lords
    • 27 Enero 2005
    ...what might hypothetically have happened (either before or after the trial) if the claimant had not been injured: see Doyle v Wallace [1998] PIQR Q146, in which the loss of earnings caused by the injury would have been greater if the claimant had qualified as a drama teacher. 68 This princip......
  • Barber v Somerset County Council
    • United Kingdom
    • Court of Appeal (Civil Division)
    • 5 Febrero 2002
    ...from his award for the chance that things might not have turned out that way. He relied in this context on the judgment of Otton LJ in Doyle v Wallace [1998] PIQR Q 146, 148–150, where reference is made to a passage in the speech of Lord Reid in Davies v Taylor [1974] AC 207, 213, and to th......
  • Manuel Mathieu v Tony Martin Hinds
    • United Kingdom
    • Queen's Bench Division
    • 13 Abril 2022
    ...see, for example, Anderson v Davis [1993] PIQR Q87 (loss of a two-thirds chance of becoming a principal lecturer), Doyle v Wallace [1998] PIQR Q146 Q87 (loss of a 50% chance of becoming a teacher), Langford v Hebran [2001] PIQR Q13 (loss of various chances of escalating success as a kickbox......
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