Judgment
of Deputy High Court Judge Wilkinson QC, in the
High Court of Justice, The Strand, London.
What of the plaintiff’s residual
earning capacity? He has not applied for any jobs, and
there must be many areas of work from which he is not disabled.
It may be that a more settled personality in years to come
would permit employability in a wider area of types of
employment. Further I must take into account the effects
of the other ailments of which he has complained, which
are not attributable to this accident and which have not
been easily identified by the doctors.
Having identified
a lorry driving annual earning capacity, albeit on a part-time
basis that the plaintiff has lost of £10,000 net,
I use that as a multiplicand for the future. He is 53 years
of age, and would normally, following Wells v. Wells be
able to seek a full multiplier marginally in excess of
9 for the balance of his working life, 9.4, 9.5 thereabouts.
Taking account of the various matters that I have listed,
it is necessary to reduce that multiplier, and I do reduce
it to six years to reflect all of the matters that I have
indicated. Consequently, the sum of money that I award
the plaintiff for his future loss of earning capacity as
a lorry driver I total in the figure of £60,000.
WARNING!
Any
person retaining the services of Cripps
Harries Hall, PricewaterhouseCoopers, Brachers, Rix & Kay,
could face the prospect of assault & battery, supported
by Sussex Police, as I did, when I discovered fraudulent
conduct. All are co-conspirators in this matter together
with other named parties.