Chase International Express Ltd. & Anor v McCrae

Chase International Express Ltd. & Anor v McCrae

The trial judge erred in applying the multiplier/multiplicand approach to future loss of earnings without sufficient evidence and in awarding damages for loss of congenial employment based on irrelevant factors. The appropriate approach was to award a lump sum for future loss of earnings and to disallow the award for loss of congenial employment. The multiplier for DIY disability was excessive and should be reduced. The award for increased motoring costs was reasonable and should stand.

Parties
Appellant: Chase International Express Ltd; Appellant: Justin Smith; Respondent: McCrae
Jurisdiction
England and Wales
Judgment Date
14 March 2003
Procedural Posture
Civil Appeal / Appeal From County Court Decision on Assessment of Damages
Outcome
Appeal allowed in part
Legal Topics
Assessment of Damages, Loss of Future Earnings, Loss of Congenial Employment, Damages for Disability
Tort Personal Injury Assessment of Damages Loss of Future Earnings Loss of Congenial Employment Damages for Disability

Case Brief

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Parties

Chase International Express Ltd

Appellant

Justin Smith

Appellant

McCrae

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Decision on Assessment of Damages

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of damages for future loss of earnings, DIY disability, loss of congenial employment, and increased motoring costs.

Ratio Decidendi

The trial judge erred in applying the multiplier/multiplicand approach to future loss of earnings without sufficient evidence and in awarding damages for loss of congenial employment based on irrelevant factors. The appropriate approach was to award a lump sum for future loss of earnings and to disallow the award for loss of congenial employment. The multiplier for DIY disability was excessive and should be reduced. The award for increased motoring costs was reasonable and should stand.

Court Disposition

Appeal allowed in part

Orders

  • Award for future loss of earnings reduced to £12,500.
  • Award for DIY disability reduced to £3,750.