Loss of Earnings in the Case of a Child Injured at Birth: An Example From the High Court - Gordon Exall, Zenith Chambers
01/08/15. It is always worthwhile looking at the way a trial judge has awarded damages for loss of earnings. This assists greatly in advising clients as to the likely approach at trial. In Robshaw -v- United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB) Mr Justice Foskett awarded damages for loss of earnings to a 12 year old boy who had been seriously injured at birth.
THE CASE
This was an action for clinical negligence where the defendant admitted liability. The claimant suffered from cerebral palsy which affected all four limbs. He would never be able to work.
KEY POINTS
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The judge heard evidence in relation to the pattern of employment in the claimant’s family and awarded earnings based on similar earnings at £42,000 a year.
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A minimal reduction (£300 a year) was made for expenses of employment.
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Retirement age was held to be 70.
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A modest award of £7,500 was made for likely earnings between 16 and 22...
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