Chang v Delgreco

Chang v Delgreco

The trial judge was entitled to find, on the evidence, that the claimant reorganised his work such that there was no loss of income for most of the relevant period, and only a limited loss after new administrative software was introduced. The judge's approach to damages was justified and supported by the evidence.

Parties
Claimant/appellant: Benjamin Chang; Defendant/respondent: Grazia Delgreco
Jurisdiction
England and Wales
Judgment Date
11 February 2004
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division)
Outcome
Appeal dismissed
Legal Topics
Quantum of Damages, Loss of Earnings, Mitigation of Loss
Tort Law Personal Injury Quantum of Damages Loss of Earnings Mitigation of Loss

Case Brief

Summary, issues, holding and outcome

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Parties

Benjamin Chang

Claimant/appellant

Grazia Delgreco

Defendant/respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division)

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for loss of earnings following a road traffic accident
  2. 2 Whether the claimant failed to mitigate his loss by not instituting a pain management regime earlier
  3. 3 Whether the judge's findings on the claimant's working capacity and income were supported by the evidence

Ratio Decidendi

The trial judge was entitled to find, on the evidence, that the claimant reorganised his work such that there was no loss of income for most of the relevant period, and only a limited loss after new administrative software was introduced. The judge's approach to damages was justified and supported by the evidence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs assessed in the sum of £4,500