Williams v Green [2001] EWCA Civ 1888 (27 November 2001)

Williams v Green [2001] EWCA Civ 1888 (27 November 2001)

Where the claimant's future promotion is not certain, damages for future loss of earnings must be assessed on the basis of the chance of promotion, not as a certainty. The court found a 60% chance that the claimant would have become a headteacher in 2003, and damages must be calculated accordingly.

Citation
[2001] EWCA Civ 1888
Parties
Claimant/appellant: Helen Williams; Defendant/respondent: Jill Green
Jurisdiction
England and Wales
Judgment Date
27 November 2001
Procedural Posture
Civil Appeal / Appeal From Assessment of Damages After Liability Admitted
Outcome
Appeal allowed in part; judgment varied
Legal Topics
Assessment of Damages, Future Loss of Earnings, Loss of Chance, Personal Injury Compensation
Personal Injury Employment Law Assessment of Damages Future Loss of Earnings Loss of Chance Personal Injury Compensation

Case Brief

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Parties

Helen Williams

Claimant/appellant

Jill Green

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From Assessment of Damages After Liability Admitted

Legal Issues

  1. 1 Extent of claimant's entitlement to damages for future loss of earnings
  2. 2 Proper method for assessing future loss of earnings where promotion is uncertain

Ratio Decidendi

Where the claimant's future promotion is not certain, damages for future loss of earnings must be assessed on the basis of the chance of promotion, not as a certainty. The court found a 60% chance that the claimant would have become a headteacher in 2003, and damages must be calculated accordingly.

Court Disposition

Appeal allowed in part; judgment varied

Orders

  • Judgment for the claimant in the sum of £23,806.81
  • Costs below undisturbed