Quintin Fraser successfully resists the Claimant’s application to appeal following  a trial in which a future loss of earnings claim of £605,000 was assessed at £45,000

Quintin Fraser successfully resists the Claimant’s application to appeal following a trial in which a future loss of earnings claim of £605,000 was assessed at £45,000


CategoryNews Author Quintin Fraser Date

On 20 May 2021 Mr Justice Henshaw dismissed the Claimant’s application to appeal the judgment of Recorder Bebb QC which had been handed down on 6 April 2020.  The Claimant, who was a 31 year old builder at the time of trial, had claimed a future loss of earning capacity in the sum of £605,000, and had relied upon the reducing factors supported in the explanatory notes of the 7th edition of the Ogden Tables. Recorder Bebb QC held at first instance that, whilst the Claimant was disabled for the purposes of the Equality Act 2010, the application of the reducing factors led to an “obviously unreal figure”. The judge instead carried out a broad assessment of the Claimant’s handicap  on the labour market and made an award of £45,000. At the hearing of the Claimant’s application to appeal, in which the Claimant introduced the further guidance in the 8th edition of the Ogden Tables, Mr Justice Henshaw held that the appropriate application of the reducing factors was a question of fact, that Recorder Bebb QC had been entitled to reach the decision he did, and that an appeal had no real prospect of success.

The judgment at first instance has led to an advantageous costs order for the Defendant.

Quintin was instructed in both the trial and the appeal application by Ben Appleton of Kennedys Solicitors LLP, acting on behalf of Mark Taylor of Acromas Insurance.

Click HERE to view the Judgment

 


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