Johnson v Warren

Johnson v Warren

The claimant was fit and capable of clerical work, which was freely available to her. There was no real risk that she would be out of work due to her injuries, and her unemployment was due to her own belief, not medical incapacity. Therefore, no Smith v Manchester award was justified.

Parties
Appellant: Johnson; Respondent: Warren
Jurisdiction
England and Wales
Judgment Date
02 May 2007
Procedural Posture
Personal Injury Appeal / Appeal From Salford County Court
Outcome
appeal dismissed
Legal Topics
Future Loss of Earnings, Smith V Manchester Award, Assessment of Damages
Tort Law Personal Injury Future Loss of Earnings Smith V Manchester Award Assessment of Damages

Case Brief

Summary, issues, holding and outcome

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Parties

Johnson

Appellant

Warren

Respondent

Procedural Posture

Personal Injury Appeal / Appeal From Salford County Court

Legal Issues

  1. 1 Whether the claimant was entitled to a Smith v Manchester award for future disadvantage on the labour market
  2. 2 Whether the trial judge erred in finding no real risk of future loss of earnings due to injury

Ratio Decidendi

The claimant was fit and capable of clerical work, which was freely available to her. There was no real risk that she would be out of work due to her injuries, and her unemployment was due to her own belief, not medical incapacity. Therefore, no Smith v Manchester award was justified.

Court Disposition

appeal dismissed

Orders

  • Appeal dismissed.