Magnay v Corbishley [2001] EWCA Civ 1949 (4 December 2001)

Magnay v Corbishley [2001] EWCA Civ 1949 (4 December 2001)

The trial judge was entitled to accept the medical evidence as to the likely retirement age and apply the standard approach to assess future loss of earnings and pension rights, including appropriate discounts for contingencies and acceleration.

Citation
[2001] EWCA Civ 1949
Parties
Claimant/respondent: Andrew Richard Magnay; Defendant/appellant: K Corbishley
Jurisdiction
England and Wales
Judgment Date
04 December 2001
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Assessment of Damages, Future Loss of Earnings, Future Loss of Pension Rights, Road Traffic Accident
Personal Injury Tort Assessment of Damages Future Loss of Earnings Future Loss of Pension Rights Road Traffic Accident

Case Brief

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Parties

Andrew Richard Magnay

Claimant/respondent

K Corbishley

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the trial judge erred in assessing future loss of earnings and pension rights based on medical evidence regarding retirement age

Ratio Decidendi

The trial judge was entitled to accept the medical evidence as to the likely retirement age and apply the standard approach to assess future loss of earnings and pension rights, including appropriate discounts for contingencies and acceleration.

Court Disposition

Application for permission to appeal refused

Orders

  • No order for costs