Morgan v UPS Ltd [2008] EWCA Civ 375 (17 April 2008)

Morgan v UPS Ltd [2008] EWCA Civ 375 (17 April 2008)

The Recorder's total award for future loss, though generous, was not so excessive as to warrant appellate interference. The two elements—loss of earning capacity and Smith v Manchester damages—were not improperly duplicated, as they compensated for distinct heads of loss. The appeal was dismissed.

Source-derived case information.

Citation
[2008] EWCA Civ 375
Parties
Appellant: Morgan; Respondent: UPS Ltd
Jurisdiction
England and Wales
Judgment Date
17 April 2008
Procedural Posture
Civil Appeal / Appeal From County Court Judgment on Quantum of Damages
Outcome
Appeal dismissed
Legal Topics
Assessment of Damages, Loss of Earning Capacity, Smith V Manchester Awards, Future Loss of Earnings, Disadvantage on the Labour Market
Personal Injury Employment Law Assessment of Damages Loss of Earning Capacity Smith V Manchester Awards Future Loss of Earnings Disadvantage on the Labour Market

Source-derived case record

Summary, issues, holding and outcome

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Parties

Morgan

Appellant

UPS Ltd

Respondent

Procedural Posture

Civil Appeal / Appeal From County Court Judgment on Quantum of Damages

Legal Issues

  1. 1 Whether the Recorder double-counted damages by awarding both loss of earning capacity and Smith v Manchester damages
  2. 2 Whether the award for future loss of earnings was properly pleaded and supported by evidence

Ratio Decidendi

The Recorder's total award for future loss, though generous, was not so excessive as to warrant appellate interference. The two elements—loss of earning capacity and Smith v Manchester damages—were not improperly duplicated, as they compensated for distinct heads of loss. The appeal was dismissed.

Court Disposition

Appeal dismissed

Orders

  • The award of £22,800 for loss of earning capacity and Smith v Manchester damages stands.