Irani v Duchon

Irani v Duchon

The judge was entitled to make a Blamire award due to lack of proper evidential basis for residual earnings and uncertainty about claimant's future location; the judge was not bound to accept claimant's unchallenged opinion evidence; the judge applied the correct test of causation regarding redundancy and loss of visa status.

Parties
Appellant/claimant: Mr Khuzan Irani; Respondent/defendant: Mr Oscar Duchon
Jurisdiction
England and Wales
Judgment Date
06 November 2019
Procedural Posture
Civil Appeal / Judgment on Appeal and Cross Appeal
Outcome
appeal and cross-appeal dismissed
Legal Topics
Assessment of Damages, Future Loss of Earnings, Causation, Redundancy, Visa Status
Personal Injury Employment Immigration Assessment of Damages Future Loss of Earnings Causation Redundancy Visa Status

Case Brief

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Parties

Mr Khuzan Irani

Appellant/claimant

Mr Oscar Duchon

Respondent/defendant

Procedural Posture

Civil Appeal / Judgment on Appeal and Cross Appeal

Legal Issues

  1. 1 Whether the judge erred in awarding damages using Blamire and Smith v Manchester approaches instead of multiplier/multiplicand methodology
  2. 2 Whether the judge was bound to accept the claimant's evidence on residual earning capacity as it was unchallenged
  3. 3 Whether the judge applied the correct test of causation regarding redundancy and loss of visa status

Ratio Decidendi

The judge was entitled to make a Blamire award due to lack of proper evidential basis for residual earnings and uncertainty about claimant's future location; the judge was not bound to accept claimant's unchallenged opinion evidence; the judge applied the correct test of causation regarding redundancy and loss of visa status.

Court Disposition

appeal and cross-appeal dismissed

Orders

  • The appeal is dismissed.
  • The cross-appeal is dismissed.