Billett v Ministry of Defence (MOD)

Billett v Ministry of Defence (MOD)

The Court of Appeal held that while the claimant was 'disabled' within the meaning of the Equality Act and Ogden Tables, his disability was at the outer fringe and had minimal impact on his chosen career. The Ogden Tables, even when adjusted, were not appropriate for quantifying loss of future earning capacity in this case. The Smith v Manchester approach, making a broad assessment of two years' earnings (£45,000), was more suitable. The judge's award for pain, suffering and loss of amenity was upheld.

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 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 Definition Under Equality Act, Use of Ogden Tables, Smith V Manchester Approach
Personal Injury Employment Law Assessment of Damages Loss of Future Earning Capacity Disability Definition Under Equality Act Use 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 on Quantum of Damages

Legal Issues

  1. 1 How should damages for loss of future earning capacity be assessed for a claimant with minor disability who is in steady employment?
  2. 2 Is the claimant 'disabled' within the meaning of the Equality Act and Ogden Tables?
  3. 3 Should the Ogden Tables or Smith v Manchester approach be used for quantification?

Ratio Decidendi

The Court of Appeal held that while the claimant was 'disabled' within the meaning of the Equality Act and Ogden Tables, his disability was at the outer fringe and had minimal impact on his chosen career. The Ogden Tables, even when adjusted, were not appropriate for quantifying loss of future earning capacity in this case. The Smith v Manchester approach, making a broad assessment of two years' earnings (£45,000), was more suitable. The judge's award for pain, suffering and loss of amenity was upheld.

Court Disposition

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

Orders

  • Judge's award of £12,500 for pain, suffering and loss of amenity upheld.
  • Judge's award of £99,062.04 for loss of future earning capacity set aside and replaced with £45,000.