Golder v Peak [1966] JJ 619 (05 July 1966)
- Citation
- [1966] JJ 619
- Status
- Judgment
- Jurisdiction
- Jersey
- Posture
- Civil / Judgment
More details
- Posture
- Civil / Judgment
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
Where damages for loss of income are awarded due to summary dismissal, a reduction may be allowed to reflect the fact that the claimant receives income sooner than if they had remained in employment. If precise calculation is not possible at the time of judgment, leave may be granted to apply when details become available.
Court disposition
partially allowed
Orders
- Damages for loss of income awarded subject to possible reduction for acceleration of payment; leave granted to apply when calculation details are available.
02
Material facts
Parties
Golder
ApplicantPeak
Respondent03
Procedural history
Posture
Civil / Judgment
04
Questions and positions
Legal issues
Whether damages for loss of income due to summary dismissal should be reduced due to acceleration of payment
Party arguments
- Applicant
- Applicant seeks damages for loss of income following summary dismissal.
- Respondent
- Respondent contends that damages should be reduced because payment is accelerated compared to if applicant had remained in employment.
05
Court’s reasoning
Legal principles
- 01
Golder v Peak [1966] JJ 619
Damages for loss of income may be reduced to account for the acceleration of payment resulting from summary dismissal.
06
Ratio, limits and disposition
Ratio decidendi
Where damages for loss of income are awarded due to summary dismissal, a reduction may be allowed to reflect the fact that the claimant receives income sooner than if they had remained in employment. If precise calculation is not possible at the time of judgment, leave may be granted to apply when details become available.
Court disposition
partially allowed
- Damages for loss of income awarded subject to possible reduction for acceleration of payment; leave granted to apply when calculation details are available.
Source and reliance status
Official court record
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Judgment text
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Court record
Judgment
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BAILII >> Databases >> Jersey Law Reports >> Golder v Peak [1966] JJ 619 (05 July 1966) URL: https://www.bailii.org/je/cases/JLR/1966/JLR660619.html Cite as: [1966] JJ 619 [ New search ] [ Help ] Golder v Peak 1966 J. J. 619 (05 July 1966) Employment-termination-summary dismissal-damages for loss of income-acceleration of payment-reduction may be allowed because damages result in receiving income sooner than if had stayed in employment-if details enabling precise calculation not available, may grant leave to apply when details known The document you wish to view is available to registered users or can be purchased as a PDF. To purchase this document in PDF format or alternatively to Register to purchase membership go to the Jersey Law website via this link: 1966 J. J. 619 BAILII: Copyright Policy | Disclaimers | Privacy Policy | Feedback | Donate to BAILII URL: https://www.bailii.org/je/cases/JLR/1966/JLR660619.html
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