Hills v Snoussi

Hills v Snoussi

The judge was entitled to depart from the Ogden Tables and make a Smith v Manchester lump sum award due to the claimant's comorbid conditions and the subjective nature of the disability assessment; no error of law or fact was disclosed.

Parties
Applicant: Darren Hills; Respondent: Snoussi
Jurisdiction
England and Wales
Judgment Date
23 February 2016
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Application refused
Legal Topics
Loss of Earnings, Ogden Tables, Smith V Manchester Awards, Disability Assessment
Personal Injury Employment Law Loss of Earnings Ogden Tables Smith V Manchester Awards Disability Assessment

Case Brief

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Parties

Darren Hills

Applicant

Snoussi

Respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether the Ogden Disability Tables should be applied to calculate future loss of earnings
  2. 2 Whether the judge erred in law or fact by awarding a Smith v Manchester lump sum instead of using the Ogden Tables

Ratio Decidendi

The judge was entitled to depart from the Ogden Tables and make a Smith v Manchester lump sum award due to the claimant's comorbid conditions and the subjective nature of the disability assessment; no error of law or fact was disclosed.

Court Disposition

Application refused

Orders

  • Permission to appeal refused