Ronan v Sainsbury's Supermarkets Ltd & Anor [2006] EWCA Civ 1074 (06 July 2006)

Ronan v Sainsbury's Supermarkets Ltd & Anor [2006] EWCA Civ 1074 (06 July 2006)

The claimant's past loss of earnings during his university degree was attributable to the accident and reasonably incurred. However, future loss of earnings beyond a short catch-up period was not attributable to the accident, as the claimant's choice to pursue teaching was a free choice. The appropriate award for future loss is limited to a shortfall during the catch-up period, loss of pension contributions, and a Smith v Manchester award for handicap on the labour market.

Citation
[2006] EWCA Civ 1074
Parties
Claimant/appellant: Ronan; Defendant/respondent: Sainsbury's Supermarkets Ltd and Anr
Jurisdiction
England and Wales
Judgment Date
06 July 2006
Procedural Posture
Personal Injury Appeal / Appeal From Central London County Court to Court of Appeal (civil Division)
Outcome
Appeal allowed in part
Legal Topics
Quantum of Damages, Loss of Earnings, Causation, Mitigation of Loss, Handicap on the Labour Market
Tort Personal Injury Quantum of Damages Loss of Earnings Causation Mitigation of Loss Handicap on the Labour Market

Case Brief

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Parties

Ronan

Claimant/appellant

Sainsbury's Supermarkets Ltd and Anr

Defendant/respondent

Procedural Posture

Personal Injury Appeal / Appeal From Central London County Court to Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the claimant's past loss of earnings during university was attributable to the accident or a voluntary career change
  2. 2 Whether future loss of earnings was attributable to the accident or a free choice
  3. 3 Appropriate quantification of damages for future loss and handicap on the labour market

Ratio Decidendi

The claimant's past loss of earnings during his university degree was attributable to the accident and reasonably incurred. However, future loss of earnings beyond a short catch-up period was not attributable to the accident, as the claimant's choice to pursue teaching was a free choice. The appropriate award for future loss is limited to a shortfall during the catch-up period, loss of pension contributions, and a Smith v Manchester award for handicap on the labour market.

Court Disposition

Appeal allowed in part

Orders

  • Judge's award of £50,000 for future loss quashed and replaced with £28,800, comprising £12,000 for catch-up loss of earnings, £1,800 for pension loss, and £15,000 Smith v Manchester award.
  • Judge's award for past loss upheld.