Willemse v Hesp

Willemse v Hesp

The trial judge's approach to past loss of earnings was legitimate given the claimant's work on a capital project, but the multiplier/multiplicand method for future loss was inappropriate due to uncertainty; a Smith v Manchester lump sum award was more suitable.

Parties
Appellant: Willemse; Respondent: Hesp
Jurisdiction
England and Wales
Judgment Date
11 July 2003
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal allowed in part
Legal Topics
Damages Assessment, Loss of Earnings, Road Traffic Accident, Brain Injury, Future Loss of Earnings, Smith V Manchester Award
Tort Law Personal Injury Damages Assessment Loss of Earnings Road Traffic Accident Brain Injury Future Loss of Earnings Smith V Manchester Award

Case Brief

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Parties

Willemse

Appellant

Hesp

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the trial judge erred in the assessment of past and future loss of earnings following a road traffic accident causing brain injury
  2. 2 Whether the multiplicand/multiplier approach was appropriate for future loss of earnings in light of the claimant's irregular work history
  3. 3 Whether a Smith v Manchester award was more suitable for future loss of earnings

Ratio Decidendi

The trial judge's approach to past loss of earnings was legitimate given the claimant's work on a capital project, but the multiplier/multiplicand method for future loss was inappropriate due to uncertainty; a Smith v Manchester lump sum award was more suitable.

Court Disposition

Appeal allowed in part

Orders

  • Judge's award for future loss of earnings reduced from £110,000 to £50,000
  • No order as to costs