Court of Appeal Upholds Finding of No Residual Earning Capacity - Gordon Exall, Zenith Chambers
20/12/14. It is rare for the Court of Appeal to consider matters relating to loss of earnings. In the judgment in Ali -v- Caton and the MIB [2014] EWCA Civ 1313 the Court of Appeal upheld a finding of the trial judge that the claimant had no residual earning capacity.
THE FACTS
The claimant was injured in a road traffic accident. The trial judge awarded damages which, if they had been a global award, would have totalled £2.3 million. The defendant appealed on a large number of grounds, the claimant cross-appealed. Both the appeal and cross-appeal were rejected. Here we look at the arguments in relation to earning capacity. A large part of the argument centred on the fact that the claimant had passed...
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