Summary of Recent Cases – Substantive Law


Consideration Of Future Loss Of Earnings Based On Prospects Of Setting Up New Business

XYZ v. Portsmouth Hospitals NHS Trust, QBD, 14/2/11

Spencer J was required to consider the appropriate measure of future loss of earnings in a case of clinical negligence where the Claimant had donated a kidney to his father but the operation had been performed negligently (liability having been admitted). Spencer J determined that it was a virtual certainty that the Claimant would have set up his own market research agency in the pharmaceutical industry and that it would have achieved a turnover of £2million within 2 years. Accordingly, damages for future loss of earnings were assessed without applying a percentage discount to reflect a chance that the Claimant would not have set up a profitable new business.

March 16, 2011 · Editorial Team · Comments Closed
Posted in: Cases