Source: All England Reporter
Publisher Citation: [2001] All ER (D) 395 (Nov)
Court: Court of Appeal, Civil Division
Judge:

Laws LJ and Harrison J
Representation Peter Morton (instructed by Sinton & Co, Newcastle-upon-Tyne) for the claimant.
  Philip Kramer (instructed by Praxis Partners, Leeds) for the defendant.
Judgment Dates: 27 November 2001

Catchwords

Damages - Personal injury - Measure of damages - Loss of future earnings - Loss of chance - Judge awarding damages on basis that claimant would have achieved post of head teacher - Whether judge in error - Whether damages to be assessed on loss of chance basis.

The Case

At trial of quantum, following the defendant's admission of liability for the claimant's personal injury, the judge had been wrong to value the measure of damages for the claimant's future loss of earnings on the basis of the certainty of her becoming a head teacher. Damages were to be assessed on the loss of a chance of achieving the position of head teacher, as her appointment to that post was dependent on the hypothetical act of a third party.

Practice Areas

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