Irani v Duchon [2019] EWCA Civ 1846 (06 November 2019)

Irani v Duchon [2019] EWCA Civ 1846 (06 November 2019)

The trial judge was entitled to reject the multiplier/multiplicand approach for future loss of earnings due to insufficient and unreliable evidence regarding residual earnings in India and uncertainty about the claimant's future. The judge was not bound to accept the claimant's unchallenged evidence as it was opinion, not probative fact. The judge correctly found that the accident was an operative cause of redundancy and loss of indefinite leave to remain, applying the correct test of causation.

Citation
[2019] EWCA Civ 1846
Parties
Appellant/claimant: Mr Khuzan Irani; Respondent/defendant: Mr Oscar Duchon
Jurisdiction
England and Wales
Judgment Date
06 November 2019
Procedural Posture
Personal Injury Appeal / Court of Appeal Judgment on Appeal and Cross Appeal
Outcome
Appeal and cross-appeal dismissed
Legal Topics
Assessment of Damages, Future Loss of Earnings, Causation, Evidentiary Standards, Redundancy and Immigration Consequences
Personal Injury Tort Law Civil Procedure Assessment of Damages Future Loss of Earnings Causation Evidentiary Standards Redundancy and Immigration Consequences

Case Brief

Summary, issues, holding and outcome

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Parties

Mr Khuzan Irani

Appellant/claimant

Mr Oscar Duchon

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Court of Appeal Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the trial judge erred in awarding damages for future loss of earnings by way of a Blamire lump sum and Smith v Manchester award instead of the multiplier/multiplicand approach
  2. 2 Whether the judge was bound to accept the claimant's unchallenged evidence on residual earning capacity
  3. 3 Whether the judge applied the correct test of causation regarding redundancy and loss of indefinite leave to remain

Ratio Decidendi

The trial judge was entitled to reject the multiplier/multiplicand approach for future loss of earnings due to insufficient and unreliable evidence regarding residual earnings in India and uncertainty about the claimant's future. The judge was not bound to accept the claimant's unchallenged evidence as it was opinion, not probative fact. The judge correctly found that the accident was an operative cause of redundancy and loss of indefinite leave to remain, applying the correct test of causation.

Court Disposition

Appeal and cross-appeal dismissed

Orders

  • Damages award of £406,688 stands
  • No adjustment to damages for future loss of earnings