Kevin Lillington v Ministry of Defence

Kevin Lillington v Ministry of Defence

The appellate court found that the trial judge's conclusion—that the claimant would have passed the 2009 JCC and been promoted if the Ministry of Defence had complied with his medical restrictions—was a finding open to him on the evidence. Even if there was an error regarding the nature of the 2008 JCC, it was not sufficient to invalidate the judge's overall evaluation. The appeal was dismissed.

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 Judgment on Liability and Quantum
Outcome
Appeal dismissed
Legal Topics
Negligence, Duty of Care, Personal Injury, Damages, Loss of Earnings
Tort Law Employment Law Negligence Duty of Care Personal Injury Damages Loss of Earnings

Case Brief

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Parties

Kevin Lillington

Claimant/respondent

Ministry of Defence

Defendant/appellant

Procedural Posture

Civil Appeal / Appeal From Judgment on Liability and Quantum

Legal Issues

  1. 1 Whether the trial judge erred in finding that the claimant would have passed the 2009 JCC and been promoted if not for the defendant's negligence
  2. 2 Whether the judge's reliance on evidence regarding the 2008 and 2009 JCCs was flawed

Ratio Decidendi

The appellate court found that the trial judge's conclusion—that the claimant would have passed the 2009 JCC and been promoted if the Ministry of Defence had complied with his medical restrictions—was a finding open to him on the evidence. Even if there was an error regarding the nature of the 2008 JCC, it was not sufficient to invalidate the judge's overall evaluation. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed. The judgment of the trial court stands.