||All England Reporter
|| All ER (D) 235 (Jan)
|| UKPC 1
Lord Scott of Foscote, Baroness Hale of Richmond, Lord Brown of Eaton-under-Haywood, Sir Paul Kennedy and Sir Henry Brooke
||14 January 2008
Damages - Personal injury - Amount of damages - Failure to mitigate loss - Loss of future earnings - Reduction of award for loss of future earnings in respect of contingencies - Plaintiff not acting on recommendation to see further orthopaedic surgeon - Whether plaintiff failing to take reasonable steps to mitigate loss - Whether award for loss of future earnings lawfully reduced.
Where the plaintiff had suffered personal injuries for which judgment had been entered against the defendant, the courts of the Cayman Islands had rightly rejected a submission that the plaintiff had failed to mitigate his loss by acting on the recommendation of a particular orthopaedic surgeon in the light of medical evidence that an examination by yet another orthopaedic surgeon would not have altered the way in which the plaintiff was being treated. However, the Court of Appeal of the Cayman Islands had erred in reducing by one third the plaintiff's award for loss of future earnings, calculated by reference to a multiplier from the Ogden Tables, in order to reflect contingencies upon which it had received no submissions and where some of the contingencies relied on had already been taken into account in the multiplier itself.
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