Source: All England Reporter
Publisher Citation: [2002] All ER (D) 167 (Mar)
Court: Queen's Bench Division

Judge Philip Price QC sitting as a judge of the High Court

Representation Paul Infield (instructed by Law Works, Horsham) for the claimant.
  Nigel Lewers (instructed by Levenes) for the defendant.
Judgment Dates: 12 March 2002


Damages - Personal injury - Loss of future earnings - Claimant suffering brain injury when aged 16 - Claimant having good academic record and ambition to become airline pilot - Claimant's concentration and short term memory affected by accident - Whether claimant showing substantial chance of becoming airline pilot - Basis on which future loss of earnings to be determined.

The Case

A claimant, who had ten GCSE passes and who had held an ambition to be an airline pilot, suffered a brain injury aged 16. The court, in assessing her future loss of earnings, decided that it was impossible to say that she had anything more than a speculative chance of becoming an airline pilot. However, in light of her academic achievements, it was likely that she would have gone on to tertiary education and would have gained employment within groups one to three of the New Earnings Survey, which covered managerial, professional and associated technical positions, and therefore her future loss of earnings would therefore be based on the mean earnings of those groups.

Practice Areas

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