Morgan v UPS Ltd

Morgan v UPS Ltd

The Recorder's award, though generous, was not so excessive as to warrant appellate interference. The two heads of damages represented distinct elements: actual and prospective loss of earnings, and disadvantage on the labour market. There was no impermissible double recovery.

Parties
Appellant/claimant: Paul Morgan; Respondent/defendant: UPS Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2008
Procedural Posture
Civil Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Damages Assessment, Loss of Earning Capacity, Smith V Manchester Awards, Future Loss of Earnings, Double Recovery
Tort Personal Injury Employment Law Damages Assessment Loss of Earning Capacity Smith V Manchester Awards Future Loss of Earnings Double Recovery

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 3 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Paul Morgan

Appellant/claimant

UPS Ltd

Respondent/defendant

Procedural Posture

Civil Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the trial judge erred by awarding damages for loss of earning capacity and Smith v Manchester damages, resulting in double recovery
  2. 2 Whether the claim for future loss was properly pleaded and argued

Ratio Decidendi

The Recorder's award, though generous, was not so excessive as to warrant appellate interference. The two heads of damages represented distinct elements: actual and prospective loss of earnings, and disadvantage on the labour market. There was no impermissible double recovery.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.