Morris v Richards

Morris v Richards

The claimant acted reasonably in resigning from Toshiba, and the accident remained the direct cause of her loss of earnings; damages for the period after leaving Toshiba are recoverable as the defendant failed to prove unreasonable conduct or failure to mitigate.

Parties
Respondent: Sharon Morris; Appellant: Mr Clifford
Jurisdiction
England and Wales
Judgment Date
27 February 2003
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
appeal dismissed
Legal Topics
Remoteness of Damage, Mitigation of Loss, Causation, Future Loss of Earnings
Tort Personal Injury Remoteness of Damage Mitigation of Loss Causation Future Loss of Earnings

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 5 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Sharon Morris

Respondent

Mr Clifford

Appellant

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether damages for loss of earnings after resignation from Toshiba are too remote
  2. 2 Whether claimant's conduct in leaving Toshiba was reasonable mitigation or a new intervening cause

Ratio Decidendi

The claimant acted reasonably in resigning from Toshiba, and the accident remained the direct cause of her loss of earnings; damages for the period after leaving Toshiba are recoverable as the defendant failed to prove unreasonable conduct or failure to mitigate.

Court Disposition

appeal dismissed

Orders

  • Payment forthwith of the capital sum of £40,000 to respondent's solicitors
  • Payment of all interest accrued on moneys in court to appellant's solicitors