Samuels & Anor v Benning [2002] EWCA Civ 858 (22 May 2002)

Samuels & Anor v Benning [2002] EWCA Civ 858 (22 May 2002)

The trial judge erred in failing to award any sum for future loss of earnings after July 1999 and for future loss of DIY capacity. The evidence established a significant ongoing disadvantage in the labour market and loss of DIY capacity, warranting additional awards. The general damages award, though low, was within the permissible range. The appeal was allowed to the extent of increasing the awards for future loss of earnings and DIY capacity.

Citation
[2002] EWCA Civ 858
Parties
Appellant/first Claimant: Lee James Leonard Samuels; Second Claimant: T G Motors Ltd; Respondent/defendant: Michael Benning
Jurisdiction
England and Wales
Judgment Date
22 May 2002
Procedural Posture
Personal Injury Appeal / Appeal From County Court Judgment on Quantum
Outcome
Appeal allowed in part
Legal Topics
Damages Assessment, Mitigation of Loss, Loss of Earnings, Loss of Amenity, Future Loss, DIY Capacity, Pain and Suffering
Tort Personal Injury Damages Assessment Mitigation of Loss Loss of Earnings Loss of Amenity Future Loss DIY Capacity +1 more

Case Brief

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Parties

Lee James Leonard Samuels

Appellant/first Claimant

T G Motors Ltd

Second Claimant

Michael Benning

Respondent/defendant

Procedural Posture

Personal Injury Appeal / Appeal From County Court Judgment on Quantum

Legal Issues

  1. 1 Whether the trial judge erred in assessing loss of earnings, including future loss, and in failing to award for loss of DIY capacity; whether the award for general damages was too low; whether the claimant failed to mitigate his loss.

Ratio Decidendi

The trial judge erred in failing to award any sum for future loss of earnings after July 1999 and for future loss of DIY capacity. The evidence established a significant ongoing disadvantage in the labour market and loss of DIY capacity, warranting additional awards. The general damages award, though low, was within the permissible range. The appeal was allowed to the extent of increasing the awards for future loss of earnings and DIY capacity.

Court Disposition

Appeal allowed in part

Orders

  • Award for future loss of earnings increased by £35,000
  • Award for future loss of DIY capacity increased by £5,000