Driver v Air India Ltd [2011] EWCA Civ 986 (12 August 2011)

Driver v Air India Ltd [2011] EWCA Civ 986 (12 August 2011)

Mr Driver is entitled to recover the sums claimed for car allowance, telephone expenses, shift allowance, and overtime as established by the evidence and the main judgment, with interest awarded at 8% from 1 February 2007 to 31 August 2008 and 5% thereafter until judgment, as Air India should have resolved the claims by early 2007.

Citation
[2011] EWCA Civ 986
Parties
Appellant / Claimant: Driver; Respondent / Defendant: Air India Ltd
Jurisdiction
England and Wales
Judgment Date
12 August 2011
Procedural Posture
Appeal / Final Quantum Decision After Main Judgment
Outcome
Judgment for the claimant (Mr Driver) in the sum of £77,068.26 plus interest.
Legal Topics
Quantum of Damages, Employment Benefits, Overtime Pay, Interest on Judgment
Employment Law Contract Law Quantum of Damages Employment Benefits Overtime Pay Interest on Judgment

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

Parties

Driver

Appellant / Claimant

Air India Ltd

Respondent / Defendant

Procedural Posture

Appeal / Final Quantum Decision After Main Judgment

Legal Issues

  1. 1 What is the correct quantum of damages and benefits owed to Mr Driver by Air India Ltd?
  2. 2 What is the appropriate rate and period for interest on the judgment sum?

Ratio Decidendi

Mr Driver is entitled to recover the sums claimed for car allowance, telephone expenses, shift allowance, and overtime as established by the evidence and the main judgment, with interest awarded at 8% from 1 February 2007 to 31 August 2008 and 5% thereafter until judgment, as Air India should have resolved the claims by early 2007.

Court Disposition

Judgment for the claimant (Mr Driver) in the sum of £77,068.26 plus interest.

Orders

  • Air India Ltd to pay Mr Driver £77,068.26.
  • Interest at 8% from 1 February 2007 to 31 August 2008.