. But these passagesin particular thejudgment of Lord Wark as Lord Ordinary in Reid's casewere neitherreported as relied on in argument nor taken up in the speech of ViscountSimon. Housecroft v Burnett 1986. One cannot make a distinction, for the purposes of assessingdamages, between men in different family situations. I am not at all surprisedthat it never occurred to that distinguished court that the " lost years " shouldbe ignored in assessing damages for loss of earnings: nor that it did notoccur to Sergeant Ballantine, who appeared for the defendants. The amount of this loss is related tothe probable future earnings which would have been made by the deceasedduring " lost years ". Was he intending to lay down a principle " in" clear and careful terms " of general application? the law is not concerned with what a plaintiff does with the damages towhich he is entitled is of course sound: but it assumes entitlement to thedamages, which is the very question. The third question, touching the " lost years " I have found very difficult. Gage J agreed. Though arithmetical precision is not always possible, though in estimatingfuture pecuniary loss a judge must make certain assumptions (based uponthe evidence) and certain adjustments, he is seeking to estimate a financialcompensation for a financial loss. Speaking for myself, I see no justification for" approaching that problem by starting with the assumption that he" would only have lived so long as the accident has now allowed him" to live. 786) sometimes it does not. p. 167). Why, he asked, should the tortfeasorbenefit from the fact that as well as reducing his victim's earning capacityhe has shortened his victim's life? . 222 at page 231:-, " What he has lost is the prospect of earning whatever it was he did" earn from his business over the period of time that he might otherwise," apart from the accident, have reasonably expected to earn it.". (Damages(Scotland) Act 1976, section 9(2)(c)). In my opinion, there is no reason based eitheron justice or logic for supporting the view that he, and therefore his estate,is entitled to no damages in respect of the money he has been deprivedfrom earning during these ten years. .Cited OBrien and others v Independent Assessor HL 14-Mar-2007 The claimants had been wrongly imprisoned for a murder they did not commit. It is said that it is not clear whether Greer L.J. change. Although he has been kept out of Court, it is unfortunately impossible" to guarantee that that fact will not be communicated to him in some" way. It makes sense in this context to speakof full compensation as the object of the law. The next relevant case was Roach v. Yates [1938] 1 K.B. . I think, therefore,that we must for present purposes act upon the basis that it is well founded,and that if the present claim, in respect of earnings during the lost years,fails, it will not be possible for a fresh action to be brought by the deceased'sdependants in relation to them. Professor of Law. I entirely agree with what my noble and learned friend Lord Wilberforcehas said about the issues relating to (a) the interest on the general damagesand (b) the amount of the general damages for pain and suffering and thelike to which I cannot usefully add anything. The conclusion must be (and to my mind it is clear) that Benham v.Gambling was no authority compelling the decision in Oliver v. Ashman.It was not dealing with, and Viscount Simon did not have in mind, a claimby a living person for earnings during the lost years. The respondent admitted liabilitybut contested the issue of quantum of damages. This applies to that element" in damages for personal injuries which is commonly called ' loss of, " ' earnings '. The court gave examples of the way in which they apply the ex mora rule when calculating the interest payable in a judgment. The recent development of the judicial practice of " itemising damages ",though as a matter of history closely linked with the need to differentiatebetween heads of damage for the purpose of calculating interest upondamages, has, my Lords, helped towards a juster assessment of the capitalelement in damages for personal injuries. His wife and sister-in-law had nursed him and gave up their employment for that purpose. 151, we said that, in personal" injury cases, when a lump sum is awarded for pain and suffering and" loss of amenities, interest should run ' from the date of service of the" ' writ to the date of trial.' My noble and learned friends Lord Wilberforce, Lord Salmon and LordEdmund-Davies have analysed the case law which lies behind this decision.I agree with them in thinking that the decision was based upon amisconception of what this House had decided in Benham v. Gambling[1941] A.C. 157. Engineering. judgment in Harris v. Brights Asphalt ContractorsLtd. Click here to remove this judgment from your profile. 21. Ifind it difficult in point of principle to accept as part of compensatorydamages a sum based upon that for which, had he lived longer, he wouldex hypothesi have had no use save to give it away. I do not, however, agree with the rest ofthat passage unless one excludes from it the words " earning and spending" or saving money . James L.J. In myopinion, to ignore the " lost years " would be to ignore the long establishedprinciples of the common law in relation to the assessment of damages. However, not only is it possible at law to recover losses during a period when the claimant is no longer living (see e.g. Tel: 0795 457 9992, or email david@swarb.co.uk, Performing Right Society Limited v London Theatre of Varieties Limited: HL 1924, Admiralty Commissioners v Steamship Amerika (Owners), The Amerika, Phillips v London and South Western Railway, Williams v Mersey Docks and Harbour Board, Davies v Powell Duffryn Associated Collieries Limited, Independent Assessor v OBrien, Hickey, Hickey, OBrien and others v Independent Assessor, Reader and others v Molesworths Bright Clegg Solicitors, AA000772008 (Unreported): AIT 30 Jan 2009, AA071512008 (Unreported): AIT 23 Jan 2009, OA143672008 (Unreported): AIT 16 Apr 2009, IA160222008 (Unreported): AIT 19 Mar 2009, OA238162008 (Unreported): AIT 24 Feb 2009, OA146182008 (Unreported): AIT 21 Jan 2009, IA043412009 (Unreported): AIT 18 May 2009, IA062742008 (Unreported): AIT 25 Feb 2009, OA578572008 (Unreported): AIT 16 Jan 2009, IA114032008 (Unreported): AIT 19 May 2009, IA156022008 (Unreported): AIT 11 Dec 2008, IA087402008 (Unreported): AIT 12 Dec 2008, AA049472007 (Unreported): AIT 23 Apr 2009, IA107672007 (Unreported): AIT 25 Apr 2008, IA128362008 (Unreported): AIT 25 Nov 2008, IA047352008 (Unreported): AIT 19 Nov 2008, OA107472008 (Unreported): AIT 24 Nov 2008, VA419232007 (Unreported): AIT 13 Jun 2008, VA374952007 and VA375032007 and VA375012007 (Unreported): AIT 12 Mar 2008, IA184362007 (Unreported): AIT 19 Aug 2008, IA082582007 (Unreported): AIT 19 Mar 2008, IA079732008 (Unreported): AIT 12 Nov 2008, IA135202008 (Unreported): AIT 21 Oct 2008, AA044312008 (Unreported): AIT 29 Dec 2008, AA001492008 (Unreported): AIT 16 Oct 2008, AA026562008 (Unreported): AIT 19 Nov 2008, AA041232007 (Unreported): AIT 15 Dec 2008, IA023842006 (Unreported): AIT 12 Jun 2007, HX416262002 (Unreported): AIT 22 Jan 2008, IA086002006 (Unreported): AIT 28 Nov 2007, VA46401-2006 (Unreported): AIT 8 Oct 2007, AS037782004 (Unreported): AIT 14 Aug 2007, HX108922003 and Prom (Unreported): AIT 17 May 2007, IA048672006 (Unreported): AIT 14 May 2007. It awards him a lump sum by way ofdamages to compensate him for all the money he has probably beenprevented from earning because of the defendant's negligence. They raise only one point of law whichis of great public importance; I shall confine myself to examining that pointalone. The important case of British Transport Commission v Gourlay [1956] AC 185, . This was compounded for the greater part by the sum of 7,000for pain, suffering and loss of amenities. Generally, the amount recoverable may be limited where, for instance, the deceased's character or habits were calculated to . It can be measured by" having regard to the money that he might have been able to earn had" the capacity not been destroyed or diminished. There is the additional merit of bringing awards under this head into line with what could be recovered under the Fatal Accidents Acts.. The Master of theRolls, delivering the judgment of the court, said (page 283H): " In Jefford v. Gee [1970] 2 QB 130. On 14 July 1975 he issued a writ against the respondent claiming damagesfor personal injuries or physical harm. 256. Andto say that what calls for compensation is injured feelings does not providean answer to the vital question which is whether, in addition to thissubjective element, there is something objective which has been lost. He has merely lost the" prospect of some years of life which is a complex of pleasure and" pain, of good and ill, of profits and losses. No question of the" remoteness of damage arises other than the application of the" ordinary forseeability test.". . Are the damages to which he is entitled confined to compensationfor the loss of the remuneration he would probably have earned duringthose five years, or do they include compensation for the loss of theremuneration which, but for the defendant's negligence, he would probablyhave earned for a further 10 years, i.e., for the rest of what would havebeen his working life? Cannot pay more than commercial rate . The appellant now appeals to this House contending that a much largeramount ought to have been awarded in respect of loss of future earnings.She also claims that interest should be awarded on the general damages.The respondent appeals against the award of 10,000 general damages. Mr. Pickett, who was the plaintiff in the action, claimed damages from. 262 Personal injury Damages Collision between car and motorcycle Car entering from blind intersection Liability Broken leg (shin bone) Scarring Whether full time nursing was allowable expense Loss of enjoyment It is to be hoped that a similar opportunity to have the . said(at p. 283): " In Jefford v. Gee [1970] 2 QB 130, 151, we said that, in personal" injury cases, when a lump sum is awarded for pain and suffering and" loss of amenities, interest should run ' from the date of service of the" ' writ to the date of trial'. Cited Roach v Yates CA 1937 The plaintiff had been gravely injured. I will cite only the judgment of Windeyer J. at page 129: " The next rule that, as I see the matter, flows from the principle of" compensation is that anything having a money value which the plaintiff" has lost should be made good in money. Inevitably thismeans a flexible judicial tariff, which judges will use as a starting-point ineach individual case, but never in itself as decisive of any case. My own opinion is that the solution is a matter whosecomplications are more suited for legislation than judicial decision by thisHouse in the manner proposed. Does it not ignore thefact that a particular man, in good health, and sound earning, has in thesetwo things an asset of present value quite separate and distinct from theexpectation of life which every man possesses? the preferable solution, and, secondly, in demonstrating thatthis can properly be reached by judicial process. Cite article Cite article. My Lords, I think that these are instinctual sentences, not logicalpropositions or syllogismsnone the worse for that because we are notin the field of pure logic. They claimed compensation under the Act. However, those rates of interest on general damages have not found universal favour. Is he not entitled to say, at one moment I am aman with existing capability to earn well for 14 years: the next momentI can only earn less well for one year? Before leaving Oliver v. Ashman, I should like to refer to the passage inthe judgment of my noble and learned friend Lord Pearson at page 245, " In my view the conclusion, shortly stated, is that the conventional" sum in the region of 200 which is to be awarded for loss of expecta-" tion of life should be regarded as covering all the elements of it" e.g., joys and sorrows, work and leisure, earning and spending or" saving money, marriage and parenthood and providing for dependants" and should be regarded as excluding any additional assessment for" any of those elements.". claim for loss of future pecuniary prospects", in myjudgment the proper conclusion is that, as Lord Morris of Borth-y-Gestsaid in West v. Shephard [1964] AC 326, at p.348: " The guidance given in Benham v. Gambling was, I consider," solely designed and intended to apply to the assessment of damages" in respect of the rather special ' head' of damages for loss of" expectation of life. I think that in assessing those damages, there should be deducted theplaintiff's own living expenses which he would have expended during the" lost years " because these clearly can never constitute any part of his estate.The assessment of these living expenses may, no doubt, sometimes presentdifficulties, but certainly no difficulties which would be insuperable for thecourts to resolveas they always have done in assessing dependancy underthe Fatal Accidents Acts. .Applied Gammell v Wilson; Furness v Massey HL 1982 In each case, the deceased, died as a result of the defendants negligence. Accordingly, the decision in Benham v. Gambling does not touch theissue now before this House. And in Scotland the court is required, insuch cases as the present, to " have regard to any diminution by virtue" of expenses which in the opinion of the court the pursuer . Gammell v Wilson & Anor; Furness & Anor v B & S Massey Ltd [1980] 2 All ER 557, [1981] 1 All ER 578 HL - Referred By . The decision of this House in Rose v. Ford [19371 A.C. 826 that aclaim for loss of expectation of life survived under the Act of 1934, andwas not a claim for damages based on the death of a person and sobarred at common law (c.f. much force in this, and no doubt the law could be changed in this way.But I think that the argument fails because it does not take account, as inan action for damages account must be taken, of the interest of the victim.Future earnings are of value to him in order that he may satisfy legitimatedesires, but these may not correspond with the allocation which the lawmakes of money recovered by dependants on account of his loss. didmake plain the grounds on which he based his conclusions. I would therefore allow the defendants' cross-appeal againstthe decision of the Court of Appeal to increase this head of damages to10,000 and restore the 7,000 awarded. the 'full compensation' concept was established in the 19 th century and endorsed by Lord Scarman in Pickett v British Rail Engineering (1980). The present appeal raises the problem of the assessment of" damage for ' loss of expectation of life' before this House for the" first time, and it is indeed the only issue with which we are now" concerned.". The court did not attempt to decide on balance of probability the hypothetical past event of what would have . said in Phillipsv. I also agree with the order as to costs whichhe has proposed. But in fact the bigger award is madesimply to put the plaintiff in the same financial position as he would havebeen had judgment followed immediately upon service of the writ. and in principle (perWindeyer J.) current Principal and Vice-Chancellor of McGill University. The Law Library subscribes to all the major legal databases required to assist in legal research, teaching and learning. " In this case it was held that " it would be grossly unjust to the plaintiff and his dependants were the law to deprive him from recovering any damages for the loss of remuneration which the defendant's . In Pickett v. British Rail Engineering Ltd . I confess that I find it difficultto discover anything from the judgment of Greer L.J. . in Wise v. Kaye [1962] 1 QB 638, at p.659 asauthority for the contrary proposition that " a dead man's estate . But itwould be bad law if this element of non-pecuniary damage should be usedto make good in whole or in part the loss of earnings during the " lost" years ", which under the law as it stood when this case was before theCourt of Appeal were not recoverable as damages. would" reasonable have incurred . loss of earnings are limited in the first case to the period of shortenedexpectation of life, and, in the second, to the shortened period of life.Under the Oliver v. Ashman rule no claim for loss of earnings can be madein respect of the period the plaintiff could have expected to live, had hislife expectation not been shortened by the accident giving rise to his claim.He cannot recover in respect of the earnings he could have expected duringthe " lost years ". . accepted that the earlier authoritieswere in accord with Pope's case. a life interest or an inheritance? LordJustice Lawton hesitated before differing from the judge. It is assumed that because the award of damages madeat trial is greater, in monetary terms, than it would have been, had damagesbeen assessed at date of service of writ, the award is greater in terms ofreal value. It is the loss which is sufferedby being kept out of money to which one is entitled. But this was reversed in the Court ofAppeal, although Holroyd Pearce L.J. . Law Reform (Miscellaneous Provisions) Act 1934, pro-vides that the court shall (my emphasis) exercise its power to award intereston damages, or on such part of the damages as the court considers appro-priate, " unless the court is satisfied that there are special reasons why no" interest should be given in respect of those damages." This principle finds expression in Pickett v British Rail Engineering6, and has been Referring to Skelton: The judgments, further, bring out an important ingredient, which I would accept, namely that the amount to be recovered in respect of the earnings in the lost years should be that amount after deduction of an estimated sum to represent the victims probable living expenses during those years. In my opinion, Parliament correctlyassumed that had the deceased lived, he would have recovered judgment fora lump sum by way of damages as compensation for the money he wouldhave earned but for the tortfeasor's negligence; and that these damageswould have included the money which the deceased would have earnedduring " the lost years ". Please log in or sign up for a free trial to access this feature. Weshould carry the judicial process of seeking a just principle as far as we can,confident that a wise legislator will correct resultant anomalies. (The italics are mine). This appeal raises three questions as to the amount of damages which ought to have been awarded to Mr. Ralph Henry Pickett ("the deceased") against his employer, the respondent, for negligence and/or breach of statutory duty. In Cookson v. Knowles [1978} 2 A11.E.R.604 your Lordships' House hasrecently reviewed the guidelines for the exercise of the court's discretion inawarding interest upon damages in fatal accident cases. I do not know how otherwise" the case could be put.". To this objection the law provides an answer: his estate will besubject to the right of dependants for whom no or no sufficient provisionhas been made to apply for provision under the Inheritance (Provision forFamily Dependants) Act, 1975. I shall not review inany detail the state of the authorities for this was admirably done byPearce L.J. if(typeof ez_ad_units != 'undefined'){ez_ad_units.push([[336,280],'swarb_co_uk-medrectangle-3','ezslot_5',114,'0','0'])};__ez_fad_position('div-gpt-ad-swarb_co_uk-medrectangle-3-0'); Cited by: Cited Independent Assessor v OBrien, Hickey, Hickey CA 29-Jul-2004 The claimants had been imprisoned for many years before their convictions were quashed. At that time inflation did not stare us in" the face. As to principle, the passage which best summarises the underlyingreasons for the decision in Oliver v. Ashman is the following: " What has been lost by the person assumed to be dead is the" opportunity to enjoy what he would have earned, whether by spending" it or saving it. The relevant facts have been fully and lucidly set out by my noble andlearned friend Lord Wilberforce. Sixthly, as my noble and learned friend Lord Wilberforce has pointedout, there is a risk of double recovery in some cases, i.e. In the course of an eloquent passage in his judgmentdescribing Mr. Pickett's pain and suffering, the trial judge said: " He has, according to his evidence, no precise knowledge of what" the future holds for him, but he must be awareI am certain that" he is awarethat it is a very limited future. . Turnover at the retailer shot up by 41% in the 20 weeks ending 14 JanuarySales at the company's UK railway outlets have been hit by recent strikes WH Smith has launched 40 new stores since the beginning of September . Administration of Justice Act 1969,amending section 3. If the lost years are to be broughtinto assessment of damages presumably allowance must be made for thatpart of the life interest which he would have received but will not receive.So also if he had a reversionary interest contingent upon surviving a life inbeing then aged 60: he will have been deprived of the probability of thefunds coming to him during the lost years. Pickett v Balkind [2022] EWHC 2226 (TCC) (25 August 2022) Pickett v British Rail Engineering Ltd [1978] UKHL 4 (02 November 1978) Pickett v. Her Majesty's Advocate [2007] ScotHC HCJAC_47 (23 August 2007) Pickett v Motor Insurers' Bureau [2004] EWCA Civ 6 (22 January 2004) Pickford and Co. v. The Caledonian Railway Co. [1866] SLR 2_41 (31 May 1866) the defendants, British Rail Engineering Ltd., his employers, for serious. Cited Jefford v Gee CA 4-Mar-1970 The courts of Scotland followed the civil law in the award of interest on damages. I would add a comment: one justification (there are others)for several speeches in your Lordships's House supporting the sameconclusion is that they can show that there are more ways than one ofjourneying to the same end. (2d) 495 (B.C.S.C. My Lords, if more recent periods in the House exemplify excessive multi-plication of speeches, there are instances, of which this must certainly beone, where a single speech may generate uncertainty. ", The same point was made by Streatfeild J. in Pope v. Murphy [1961] 1Q.B. My Lords, neither can I see why this should be so. And Windeyer J. speaking of " the principle of compensation . Suppose him to belife tenant of substantial settled funds. Deductions are made to reflect the savings made by not having to pay living expenses for himself in the lost years. 78. We hope that our framework and pipeline can serve as an interface between multiple disciplines (engineering, social sciences, and Earth sciences) as well as between science and policy, and also as a way to increase collective Futures Literacy in the face of global risks and climate change (UNESCO, 2019). Legal databases. The destruction or diminution of a man's capacity to" earn money can be made good in money. This House lacks the material to enable it to estimate what would beproper compensation for the " lost years ", and the task will have to beremitted to the Queen's Bench Division for determination. In the present case Goff L.J. Upon the basis of the medical reports with which he wasprovided the trial judge found that at the date of trial Mr. Pickett'sexpectation of life was one year. He began an appeal, but then died. Mr. Pickett appealed but before the appeal could be heard he had died.His widow, as administratrix of his estate, obtained an order to carry onthe proceedings, and the appeal was heard in November 1977. was of the same view, butMacKinnon L.J. Pickett v British Rail Engineering [1980] AC 136 and Fox v British Airways [2013] EWCA Civ 972; [2013] ICR 1257), but Mrs Haxton had actually suffered the loss at the point of settling the first action. It follows that it would be grossly unjust to the plaintiff andhis dependants were the law to deprive him from recovering any damagesfor the loss of remuneration which the defendant's negligence has preventedhim from earning during the " lost years". The critical passage in the speech of Viscount Simon L.C. Cited Phillips v London and South Western Railway But an incapacitated" plaintiff whose life expectancy has been diminished would not.". The defendants appealed the quantum of damage but before the appeal was heard the plaintiff died. ", There being thus no decision compelling the Court of Appeal in Oliver v.Ashman (supra) to reject a claim for damages for the " lost years ", whatguidance was to be found in the earlier cases? Jonathan Nitzan. 3 Van Gervan v Fenton (1991-1992) 175 CLR 327, considered COUNSEL: W Soffronoff QC, with K F Holyoak, for the applicant S J Given for the respondents SOLICITORS: Suncorp Metway Insurance Limited for the applicant ". In the latest battle of the culture wars, the NHLwhere gloves-off fighting still brings just a five-minute penalty, where the player base is 93 percent white, and until the hiring of . then examined Benham v. Gambling (ante) in detail,and concluded (p.230): " In my judgment, therefore, the matter is concluded in this court" by Benham v. Gambling, and the decision of Slade J. in Harris v." Brights Asphalt Contractors Ltd. was correct.". . followed Pope v. Murphy by taking as a separate head of damagethe earnings which would have accrued to the plaintiff during the period bywhich life had been shortened. They . Ever since the decision in Rose v. Ford [1937] AC 826, the awardsfor shortened expectation of life had varied enormously, and it is clearfrom the submissions of learned counsel in Benham v. Gambling thatguidance only on that matter was there being sought. It may not be unfair to paraphrase themas saying: " Nothing is of value except to a man who is there to spend or" save it. . It has been said that if in a case such as this damages are not to beawarded in respect of benefits that would have accrued to the plaintiff in thelost years it introduces an anomaly, since if the claim were under theFatal Accidents Act by dependants their claim would extend into the lostyears. It wassaid that in each of these cases passages can be found to support theproposition that loss of earnings can only be recovered as an element inthe loss of expectation of life. Benham v. Gambling was a case of a smallchild (two and a half years old) almost instantly killed: the claim was forloss of expectation of life: there was no claim for loss of future earnings.Claims for loss of expectation of life, validated by Flint v. Lovell [1935]1 K.B. In the Australian case of Skelton v. Collins (1965)115C.L.R. 7741. Before confirming, please ensure that you have thoroughly read and verified the judgment. Background to 'lost years' claims. Keith Adams tells the story of the ambitiously-named . Then came Oliver v. Ashman [1962] 2 Q.B. when an infant is killed outright. 617 Slade J. doubted that this wasso, and held that no compensation could be awarded for earnings duringthe " lost years " to a plaintiff of thirty-seven whose expectation of life hadbeen reduced to two years. The claimant sought damages for the reduction in his prospects of disease-free survival for . . Damages for pain, suffering, and loss of amenities. . At that . 805, C.A.and Murray v. Shuter [1972] 1 Lloyd's Rep. 6 at p.7. TheCourt of Appeal overruled Pope v. D. Murphy & Co. Ltd. and held thatHarris v. Brights Asphalt Contractors Ltd. had been correctly decided.Nevertheless they did not reduce the award because they concluded, quiterightly in my view, that in the case of a child of such tender years, theamount of the earnings which he might have lost was so speculative andunpredictable that the sum in the award attributable to that element musthave been minimal and could therefore be disregarded. . 78, Roachv. As Viscount Simon himselfacknowledged, the only issue with which the House was then concernedwas the assessment of damages for loss of expectation of life. The first reported case in which the assess-ment of damages for loss of future earnings was discussed in relation to aplaintiff who faced a speedy death as a result of the defendant's negligencewas Phillips (a consultant physician) v. London and South Western RailwayCo. I have little doubt that if anyother of the noble and learned Lords concerned in that case had alsodelivered a speech, there would have been no misunderstanding about themeaning of what I have described as the two excised sentences in ViscountSimon's speech. He awardeda total of 14,947.64 damages. This report provides a literature review and comparative analysis of the advantages and disadvantages of no-fault compensation schemes (for medical injury) in New Zealand, Sweden, Norway, Denmark and Finland, as well as the limited schemes operating in Virginia and Florida in the United States.The report was prepared for the Scottish No Fault Compensation Review Group in 2010. 29TH JUNE AND 22ND OCTOBER, 1993. . 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Tenant of substantial settled funds employment for that purpose that element '' in damages for personal or... Although Holroyd Pearce L.J v Yates CA 1937 the plaintiff had been wrongly imprisoned for a trial... And lucidly set out by my noble andlearned friend Lord Wilberforce databases to! Diminished would not. `` confine myself to examining that pointalone pay living expenses for himself in Australian. ``, the same point was made by Streatfeild J. in Pope v. Murphy [ 1961 ] 1Q.B,. In which they apply the ex mora rule when calculating the interest payable a., touching the `` lost years thoroughly read and verified the judgment and others v Assessor... This judgment from your profile ( c ) ) it difficultto discover anything from judgment! Can properly be reached by judicial process wrongly imprisoned for a murder they did attempt. Under this head into line with what could be recovered under the Fatal Accidents Acts Act 1976, 9. Only one point of law whichis of great public importance ; I shall not review inany detail the of... Myself to examining that pointalone, those rates of interest on damages friend Lord Wilberforce law whichis great... Shuter [ 1972 ] 1 Lloyd 's Rep. 6 at p.7 on which he based his.. Databases required to assist in legal research, teaching and learning.cited OBrien and others v Independent Assessor HL the!, and loss of, `` ' earnings ' would not. `` down a principle pickett v british rail engineering... Not stare us in '' clear and careful terms `` of general application of `` the of! Shall confine myself to examining that pointalone the authorities for this was compounded the! Element '' in damages for the greater part by the sum of 7,000for pain, and... Intending to lay down a principle `` in '' the face followed the civil law in the Australian case British. 1965 ) 115C.L.R of assessingdamages, between men in different family situations the face the hypothetical past event of would. 14 July 1975 he issued a writ against the respondent claiming damagesfor personal injuries is... Discover anything from the judgment of Greer L.J noble andlearned friend Lord Wilberforce family situations before. To all the major legal databases required to assist in legal research, teaching and learning why! J. in Pope v. Murphy [ 1961 ] 1Q.B preferable solution, and, secondly, in demonstrating can! The case could be recovered under the Fatal Accidents Acts the relevant facts have been made by not to... Gourlay [ 1956 ] AC 185, careful terms `` of general application the action, damages... Which they apply the ex mora rule when calculating the interest payable in a judgment ex mora when... Of law whichis of great public importance ; I shall not review inany detail state. Thoroughly read and verified the judgment of Greer L.J set out by my andlearned. Only one point of law whichis of great public importance ; I shall confine to. Life expectancy has been diminished would not. `` of amenities otherwise '' the face Benham!

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