Smith & Anor v Collett

Smith & Anor v Collett

The judge was entitled to apply a 15% discount for contingencies to the claimant's future loss of earnings, given the exceptionally strong evidence of his likely career trajectory and the need to balance the risk of underachievement with the possibility of even greater success. The salary increases and uplifts applied were justified on the evidence. The appeal is dismissed.

Parties
Appellant: Gary Smith & Anr; Respondent: Ben Collett
Jurisdiction
England and Wales
Judgment Date
17 June 2009
Procedural Posture
Civil Appeal / Judgment on Appeal
Outcome
appeal dismissed
Legal Topics
Assessment of Damages, Loss of Future Earnings, Professional Sports Injuries
Tort Personal Injury Damages Assessment of Damages Loss of Future Earnings Professional Sports Injuries

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Gary Smith & Anr

Appellant

Ben Collett

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal

Legal Issues

  1. 1 What is the appropriate discount to apply for contingencies in assessing future loss of earnings for a professional footballer?
  2. 2 Was the judge entitled to find that the claimant would have achieved a career at Championship level or higher?
  3. 3 Were the uplifts and salary increases applied by the judge justified by the evidence?

Ratio Decidendi

The judge was entitled to apply a 15% discount for contingencies to the claimant's future loss of earnings, given the exceptionally strong evidence of his likely career trajectory and the need to balance the risk of underachievement with the possibility of even greater success. The salary increases and uplifts applied were justified on the evidence. The appeal is dismissed.

Court Disposition

appeal dismissed

Orders

  • Judge's award of £3,854,328 for future loss of earnings confirmed
  • No adjustment to salary increases or uplifts applied by the trial judge