Pearce v Lindfield & Ors

Pearce v Lindfield & Ors

All three defendants are liable for the claimant's loss of earnings and pension rights because the chronic pain state and resulting loss of employment were caused by the cumulative effect of all three accidents, and each accident materially contributed to the injury. The judge's finding that the claimant would have worked until age 60 was a factual determination supported by evidence.

Parties
Claimant/respondent: Marina Carol Pearce; Second Defendant/appellant: Lindfield; First Defendant/appellant: Barnes; Third Defendant: Wigley
Jurisdiction
England and Wales
Judgment Date
01 April 2003
Procedural Posture
Civil Appeal / Judgment on Appeal From Trial Court
Outcome
Appeals dismissed
Legal Topics
Causation, Apportionment of Liability, Loss of Earnings, Chronic Pain, Multiple Tortfeasors
Tort Law Personal Injury Causation Apportionment of Liability Loss of Earnings Chronic Pain Multiple Tortfeasors

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Marina Carol Pearce

Claimant/respondent

Lindfield

Second Defendant/appellant

Barnes

First Defendant/appellant

Wigley

Third Defendant

Procedural Posture

Civil Appeal / Judgment on Appeal From Trial Court

Legal Issues

  1. 1 Whether all defendants are liable for claimant's loss of earnings and pension rights resulting from cumulative injuries in three accidents
  2. 2 Whether the loss of employment can be attributed solely to the third accident
  3. 3 Whether the judge erred in finding the probable retirement age of the claimant

Ratio Decidendi

All three defendants are liable for the claimant's loss of earnings and pension rights because the chronic pain state and resulting loss of employment were caused by the cumulative effect of all three accidents, and each accident materially contributed to the injury. The judge's finding that the claimant would have worked until age 60 was a factual determination supported by evidence.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with costs subject to detailed assessment on standard basis