Bayliss v Lunt [2002] EWCA Civ 716 (9 May 2002)

Bayliss v Lunt [2002] EWCA Civ 716 (9 May 2002)

The judge made no error in principle in assessing future loss of earnings based on realistic, evidenced salary differentials and applying a substantial discount; nor was there any basis for deducting actual earnings during university years or for making a special costs order.

Citation
[2002] EWCA Civ 716
Parties
Claimant/respondent: Bayliss; Defendant/applicant: Lunt
Jurisdiction
England and Wales
Judgment Date
09 May 2002
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal From Judgment on Damages
Outcome
Application dismissed
Legal Topics
Assessment of Damages, Future Loss of Earnings, Costs Orders
Personal Injury Tort Assessment of Damages Future Loss of Earnings Costs Orders

Case Brief

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Parties

Bayliss

Claimant/respondent

Lunt

Defendant/applicant

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal From Judgment on Damages

Legal Issues

  1. 1 Whether the judge erred in assessing future loss of earnings
  2. 2 Whether the judge erred in not deducting claimant's actual earnings during university years from damages
  3. 3 Whether the judge erred in making a normal costs order despite alleged procedural shortcomings

Ratio Decidendi

The judge made no error in principle in assessing future loss of earnings based on realistic, evidenced salary differentials and applying a substantial discount; nor was there any basis for deducting actual earnings during university years or for making a special costs order.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused
  • Costs of and occasioned by this application to be paid by the defendant to the claimant