Knapman v Charman [2000] EWCA Civ 115 (6 April 2000)

Knapman v Charman [2000] EWCA Civ 115 (6 April 2000)

The judge was entitled to find, based on the medical evidence and agreed facts, that the claimant was unfit for HGV driving until February 1997 and to award damages accordingly; the modest award for handicap in the labour market was justified given the claimant's ongoing minor symptoms; the judge's approach to the agreed cut-off date and rejection of undeclared earnings was within his discretion and not plainly wrong.

Citation
[2000] EWCA Civ 115
Parties
Claimant: Mr Knapman; Defendant: Defendants (unnamed)
Jurisdiction
England and Wales
Judgment Date
06 April 2000
Procedural Posture
Personal Injury Appeal / Appeal Against Assessment of Damages
Outcome
appeal dismissed
Legal Topics
Assessment of Damages, Loss of Earnings, Handicap in the Labour Market, Credibility of Claimant, Road Traffic Accident
Tort Personal Injury Assessment of Damages Loss of Earnings Handicap in the Labour Market Credibility of Claimant Road Traffic Accident

Case Brief

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Parties

Mr Knapman

Claimant

Defendants (unnamed)

Defendant

Procedural Posture

Personal Injury Appeal / Appeal Against Assessment of Damages

Legal Issues

  1. 1 Whether the assessment of damages for loss of earnings and handicap in the labour market was correct
  2. 2 Whether the claimant was fit to resume HGV driving after the accident
  3. 3 Whether the judge erred in accepting the cut-off date for loss of earnings

Ratio Decidendi

The judge was entitled to find, based on the medical evidence and agreed facts, that the claimant was unfit for HGV driving until February 1997 and to award damages accordingly; the modest award for handicap in the labour market was justified given the claimant's ongoing minor symptoms; the judge's approach to the agreed cut-off date and rejection of undeclared earnings was within his discretion and not plainly wrong.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed; damages and interest as assessed by the trial judge to stand.