Chatwin v Lowther

Chatwin v Lowther

The sum awarded to the claimant for liability to pay rent after business closure, calculated by reference to the earnings that would have covered the rent, constitutes compensation for earnings lost within the meaning of Schedule 2 to the Social Security (Recovery of Benefits) Act 1997. The appeal is allowed, and the award should be characterised as compensation for earnings lost.

Parties
Appellant: Geoffrey Chatwin; Respondent: Janice Lowther
Jurisdiction
England and Wales
Judgment Date
21 May 2003
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) and Romford County Court
Outcome
appeal allowed
Legal Topics
Compensation for Earnings Lost, Recovery of Benefits, Self Employed Loss Assessment
Personal Injury Social Security Law Compensation for Earnings Lost Recovery of Benefits Self Employed Loss Assessment

Case Brief

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Parties

Geoffrey Chatwin

Appellant

Janice Lowther

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) and Romford County Court

Legal Issues

  1. 1 Does 'compensation for earnings lost' under Schedule 2 to the Social Security (Recovery of Benefits) Act 1997 refer to net profits lost or turnover lost for a self-employed person?
  2. 2 Should an award for liability to pay rent after business closure be characterised as compensation for earnings lost?

Ratio Decidendi

The sum awarded to the claimant for liability to pay rent after business closure, calculated by reference to the earnings that would have covered the rent, constitutes compensation for earnings lost within the meaning of Schedule 2 to the Social Security (Recovery of Benefits) Act 1997. The appeal is allowed, and the award should be characterised as compensation for earnings lost.

Court Disposition

appeal allowed

Orders

  • Appeal allowed with no order for costs in Court of Appeal.
  • Respondent to pay appellant’s costs below.