Ward v Allies and Morrison Architects

Ward v Allies and Morrison Architects

Permission to appeal is granted as the appellant has a real prospect of success on the grounds that the judge may have misapplied the statutory definition of disability, failed to apply the Ogden 6 methodology, erred in assessing psychiatric injury, and made unsupported findings on past loss of earnings and loss of congenial employment.

Parties
Appellant: Ward; Respondent: Allies and Morrison Architects
Jurisdiction
England and Wales
Judgment Date
05 December 2011
Procedural Posture
Civil Appeal / Application for Permission to Appeal
Outcome
Permission to appeal granted on five grounds
Legal Topics
Assessment of Damages, Disability Discrimination, Future Loss of Earnings, Psychiatric Injury, Loss of Congenial Employment
Personal Injury Employment Law Disability Law Assessment of Damages Disability Discrimination Future Loss of Earnings Psychiatric Injury Loss of Congenial Employment

Case Brief

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Parties

Ward

Appellant

Allies and Morrison Architects

Respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal

Legal Issues

  1. 1 Whether the appellant meets the statutory definition of disability under the Disability Discrimination Act 1995
  2. 2 Whether the judge erred in declining to apply the Ogden 6 methodology for future loss of earnings
  3. 3 Whether the judge erred in assessing the nature and extent of the appellant’s psychiatric injury

Ratio Decidendi

Permission to appeal is granted as the appellant has a real prospect of success on the grounds that the judge may have misapplied the statutory definition of disability, failed to apply the Ogden 6 methodology, erred in assessing psychiatric injury, and made unsupported findings on past loss of earnings and loss of congenial employment.

Court Disposition

Permission to appeal granted on five grounds

Orders

  • Permission to appeal granted on grounds relating to disability, Ogden 6 application, psychiatric injury, past loss of earnings, and loss of congenial employment