Stefanovic v Carter [2001] EWCA Civ 452 (20 March 2001)

Stefanovic v Carter [2001] EWCA Civ 452 (20 March 2001)

The judge was entitled to use the multiplier/multiplicand approach for future loss of earnings because there was objective evidence of a significant difference between the claimant's pre- and post-accident earning capacity, and the award was not plainly excessive or speculative given the circumstances.

Citation
[2001] EWCA Civ 452
Parties
Claimant/respondent: Shaun Peter Stefanovic; Defendant/applicant: Leon Carter
Jurisdiction
England and Wales
Judgment Date
20 March 2001
Procedural Posture
Personal Injury Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal dismissed
Legal Topics
Assessment of Damages, Loss of Earnings, Multiplier/multiplicand Method, Facial Disfigurement, Loss of Amenity
Tort Personal Injury Assessment of Damages Loss of Earnings Multiplier/multiplicand Method Facial Disfigurement Loss of Amenity

Case Brief

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Parties

Shaun Peter Stefanovic

Claimant/respondent

Leon Carter

Defendant/applicant

Procedural Posture

Personal Injury Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the judge erred in using the multiplier/multiplicand approach for future loss of earnings
  2. 2 Whether the future loss of earnings award was too speculative
  3. 3 Whether the claimant's decision to leave accountancy was reasonable

Ratio Decidendi

The judge was entitled to use the multiplier/multiplicand approach for future loss of earnings because there was objective evidence of a significant difference between the claimant's pre- and post-accident earning capacity, and the award was not plainly excessive or speculative given the circumstances.

Court Disposition

Application for permission to appeal dismissed

Orders

  • Permission to appeal refused