Billett v Ministry of Defence (MOD) [2015] EWCA Civ 773 (23 July 2015)

Billett v Ministry of Defence (MOD) [2015] EWCA Civ 773 (23 July 2015)

Where a claimant's disability is minor, has only a marginal impact on work, and the claimant is at the outer fringe of the disability spectrum, the Smith v Manchester approach is preferable to a direct application of the Ogden Tables for assessing loss of future earning capacity. The Ogden reduction factors are too broad for such cases, and a broad assessment based on likely disadvantage on the labour market is more just and realistic.

Citation
[2015] EWCA Civ 773
Parties
Claimant/respondent: John Edward Billett; Defendant/appellant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
23 July 2015
Procedural Posture
Personal Injury Appeal / Appeal From High Court to Court of Appeal on Quantum of Damages
Outcome
Appeal allowed in part; damages for loss of future earning capacity reduced.
Legal Topics
Assessment of Damages, Loss of Future Earning Capacity, Disability Under Equality Act 2010, Application of Ogden Tables, Smith V Manchester Approach
Tort Personal Injury Assessment of Damages Loss of Future Earning Capacity Disability Under Equality Act 2010 Application of Ogden Tables Smith V Manchester Approach

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Parties

John Edward Billett

Claimant/respondent

Ministry of Defence

Defendant/appellant

Procedural Posture

Personal Injury Appeal / Appeal From High Court to Court of Appeal on Quantum of Damages

Legal Issues

  1. 1 How should damages for loss of future earning capacity be assessed where the claimant has a minor disability, is in steady employment, and earning at pre-accident rate?
  2. 2 Is the claimant 'disabled' within the meaning of the Ogden Tables and Equality Act 2010?
  3. 3 Should the Ogden Tables or Smith v Manchester approach be used in this context?

Ratio Decidendi

Where a claimant's disability is minor, has only a marginal impact on work, and the claimant is at the outer fringe of the disability spectrum, the Smith v Manchester approach is preferable to a direct application of the Ogden Tables for assessing loss of future earning capacity. The Ogden reduction factors are too broad for such cases, and a broad assessment based on likely disadvantage on the labour market is more just and realistic.

Court Disposition

Appeal allowed in part; damages for loss of future earning capacity reduced.

Orders

  • General damages for pain, suffering and loss of amenity of £12,500 upheld.
  • Damages for loss of future earning capacity reduced from £99,062.04 to £45,000.