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PI Brief Update

Loss of Earnings: Proving That the Injuries Caused the Losses - Gordon Exall, Zenith Chambers

09/12/14. The burden of proof is on the claimant in proving loss of earnings. This applies as much to proving causation as to the duration and amount of the loss.  Here we look at two  recent cases which are very different but highlight the problems there can be with causation.

DUDNEY -v- GUARANTEED ASPHALT LTD [2013] EWHC 2515 (QB)

(Available on Lawtel).

THE FACTS

The claimant was a skilled lead roofer, was injured in an accident at work. He was unable to return to work as a roofer but the Defendant found him an office position. He was made redundant in 2011 and started his own roofing business.

The Defendant alleged that the claimant had unreasonably failed to mitigate his loss by taking a...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.