Source: All England Reporter
Publisher Citation: [2001] All ER (D) 254 (Oct)
Court: Court of Appeal, Civil Division
Judge:

Thorpe LJ and Sir Martin Nourse
Representation Glyn Edwards (instructed by Clarke, Willmott & Clarke, Bridgwater) for the appellant.
  James Counsell (instructed by Bevan Ashford, Taunton) for the respondent.
Judgment Dates: 18 October 2001

Catchwords

Damages - Personal injury - Loss of earnings - Loss of future earning capacity - Claimant injured by defendant's negligence - Claimant prevented from continuing employment - Natural degeneration developing which would force claimant to leave employment - Whether defendant liable for loss of earnings after natural degeneration - Whether defendant liable for any loss of future earning capacity.

The Case

Where a claimant was prevented from continuing in employment due to injuries caused by a defendant's negligence but then developed natural degenerations which would also have prevented her from continuing in employment, the defendant could not be liable for loss of earnings beyond the date of that degeneration. Furthermore, an award for loss of future earning capacity would be inappropriate in such a situation.

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