Kevin Lillington v Ministry of Defence [2015] EWCA Civ 775 (24 July 2015)

Kevin Lillington v Ministry of Defence [2015] EWCA Civ 775 (24 July 2015)

The trial judge was entitled to find, on the balance of probabilities, that the claimant would have passed the 2009 JCC and been promoted if the Ministry of Defence had complied with his medical restrictions. Any factual errors identified did not undermine the judge’s overall evaluation of the evidence and conclusion on causation and damages.

Citation
[2015] EWCA Civ 775
Parties
Claimant/respondent: Kevin Lillington; Defendant/appellant: Ministry of Defence
Jurisdiction
England and Wales
Judgment Date
24 July 2015
Procedural Posture
Civil Appeal / Appeal From County Court Judgment
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Causation, Damages, Loss of Earnings, Military Law
Tort Personal Injury Employment Negligence Duty of Care Causation Damages Loss of Earnings +1 more

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Parties

Kevin Lillington

Claimant/respondent

Ministry of Defence

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From County Court Judgment

Legal Issues

  1. 1 Whether the claimant would have passed the 2009 JCC and been promoted if the Ministry of Defence had complied with his medical restrictions
  2. 2 Whether the trial judge's findings on causation and damages were justified given alleged factual errors

Ratio Decidendi

The trial judge was entitled to find, on the balance of probabilities, that the claimant would have passed the 2009 JCC and been promoted if the Ministry of Defence had complied with his medical restrictions. Any factual errors identified did not undermine the judge’s overall evaluation of the evidence and conclusion on causation and damages.

Court Disposition

Appeal dismissed

Orders

  • The appeal by the Ministry of Defence is dismissed.
  • The judgment of the County Court awarding damages to the claimant stands.