Bahia v S P Tyres (UK) Ltd [2001] EWCA Civ 1756 (9 November 2001)

The judge's assessment of earning capacity based on current earnings and medical evidence was not erroneous; the court would not interfere with the judge's conclusion.

Citation: [2001] EWCA Civ 1756
Parties: Claimant/respondent: Rasbir Singh Bahia; Defendant/applicant: S P Tyres (UK) Limited
Jurisdiction: England and Wales
Judgment Date: 09 November 2001
Procedural Posture: Personal Injury Appeal / Application for Permission to Appeal
Outcome: Permission to appeal refused
Legal Topics: Personal Injury, Loss of Earning Capacity, Assessment of Damages

Tort Employment Law Personal Injury Loss of Earning Capacity Assessment of Damages

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Parties

Rasbir Singh Bahia

Claimant/respondent

S P Tyres (UK) Limited

Defendant/applicant

Procedural Posture

Personal Injury Appeal / Application for Permission to Appeal

Legal Issues

1 Whether the judge erred in assessing loss of earning capacity
2 Whether proper account was taken of employment market uncertainties

Ratio Decidendi

The judge's assessment of earning capacity based on current earnings and medical evidence was not erroneous; the court would not interfere with the judge's conclusion.

Court Disposition

Permission to appeal refused

Orders

Permission to appeal refused