Winwood v Adtranz-Abb Daimler-Benz Transportation (UK & Ireland) Ltd [2001] EWCA Civ 1038 (25 June 2001)

Winwood v Adtranz-Abb Daimler-Benz Transportation (UK & Ireland) Ltd [2001] EWCA Civ 1038 (25 June 2001)

The Recorder correctly applied the legal test by requiring evidence of a real risk of job loss, not merely generalised assumptions about job security, and found on the evidence that there was no such real risk for the claimant; therefore, no Smith v Manchester award was warranted.

Citation
[2001] EWCA Civ 1038
Parties
Claimant/applicant: Paul Winwood; Defendant/respondent: Adtranz-ABB Daimler-Benz Transportation (UK & Ireland) Limited
Jurisdiction
England and Wales
Judgment Date
25 June 2001
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application for permission to appeal refused
Legal Topics
Smith V Manchester Awards, Handicap in the Labour Market, Quantum of Damages, Assessment of Risk of Job Loss
Personal Injury Employment Law Smith V Manchester Awards Handicap in the Labour Market Quantum of Damages Assessment of Risk of Job Loss

Case Brief

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Parties

Paul Winwood

Claimant/applicant

Adtranz-ABB Daimler-Benz Transportation (UK & Ireland) Limited

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Recorder applied the correct legal test for a Smith v Manchester award
  2. 2 Whether there was a real risk of the claimant losing his job before retirement

Ratio Decidendi

The Recorder correctly applied the legal test by requiring evidence of a real risk of job loss, not merely generalised assumptions about job security, and found on the evidence that there was no such real risk for the claimant; therefore, no Smith v Manchester award was warranted.

Court Disposition

Application for permission to appeal refused

Orders

  • Renewed application for permission to appeal dismissed