Loss of Earnings in a Case Where the Claimant Was a Child When Injured - Gordon Exall, Zenith Chambers
11/02/15. A claim made for loss of earnings when the claimant is a child is always problematic. There were several issues considered by Mr Justice Kenneth Parker in Tate -v- Ryder Holdings [2014] EWHC 4256(QB). Here we look at how the court approached the claim for loss of earnings.
THE CASE
The claimant was seriously injured when aged 11. He suffered brain injury. The defendant argued that his home background meant that he was never likely to be in paid employment. The judge summarised the position:-
Little was known about the Claimant’s grandparents and aunts. The family was a relatively tight, cross-involved network. None of the family group was called to give evidence, and I accept Mr Featherby’s point that, if any of them had appeared, it is very unlikely, given what was known about them, that the family picture that would have emerged would have...
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