Golder v Peak [1966] JJ 619 (05 July 1966)

Golder v Peak [1966] JJ 619 (05 July 1966)

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.

Citation
[1966] JJ 619
Parties
Applicant: Golder; Respondent: Peak
Jurisdiction
Jersey
Judgment Date
05 July 1966
Procedural Posture
Civil / Judgment
Outcome
partially allowed
Legal Topics
Summary Dismissal, Damages, Loss of Income, Acceleration of Payment
Employment Law Summary Dismissal Damages Loss of Income Acceleration of Payment

Case Brief

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Parties

Golder

Applicant

Peak

Respondent

Procedural Posture

Civil / Judgment

Legal Issues

  1. 1 Whether damages for loss of income due to summary dismissal should be reduced due to acceleration of payment

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

Orders

  • Damages for loss of income awarded subject to possible reduction for acceleration of payment; leave granted to apply when calculation details are available.