Neal v Jones (t/a Jones Motors) [2002] EWCA Civ 1731 (31 October 2002)

Neal v Jones (t/a Jones Motors) [2002] EWCA Civ 1731 (31 October 2002)

The business was a partnership between Mr Neal and Miss De'Tedstone at the time of the accident; therefore, Mr Neal can only recover his 50% share of the partnership's lost profits. The quantum of damages for general damages, past and future loss of earnings must be reduced accordingly. The new evidence of the business split and Mr Neal's ongoing handicap in the labour market justifies an award of £120,000 for future loss of earnings.

Citation
[2002] EWCA Civ 1731
Parties
Respondent/claimant: Matthew Russell Neal; Appellant/defendant: Mrs Alison Jones T/A Jones Motors
Jurisdiction
England and Wales
Judgment Date
31 October 2002
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment
Outcome
Appeal allowed in part
Legal Topics
Assessment of Damages, Loss of Earnings, Partnership Interests, Apportionment of Business Losses, General Damages
Tort Personal Injury Partnership Law Assessment of Damages Loss of Earnings Partnership Interests Apportionment of Business Losses General Damages

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Parties

Matthew Russell Neal

Respondent/claimant

Mrs Alison Jones T/A Jones Motors

Appellant/defendant

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the business was a partnership or solely owned by the claimant at the time of the accident
  2. 2 How damages for loss of earnings should be apportioned in the context of a partnership
  3. 3 Appropriate quantum for general damages, past and future loss of earnings

Ratio Decidendi

The business was a partnership between Mr Neal and Miss De'Tedstone at the time of the accident; therefore, Mr Neal can only recover his 50% share of the partnership's lost profits. The quantum of damages for general damages, past and future loss of earnings must be reduced accordingly. The new evidence of the business split and Mr Neal's ongoing handicap in the labour market justifies an award of £120,000 for future loss of earnings.

Court Disposition

Appeal allowed in part

Orders

  • General damages reduced from £65,000 to £45,000
  • Past losses reduced from £22,000 to £11,000