Loss of Congenial Employment

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BL Claims Solicitors specialise in personal injury, clinical negligence and travel claims, providing our clients with hands-on support, nationally.

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The Courts can make an award in personal injury & claims for loss of congenial employment - but what is this?

In short, it is meant to be an award to compensate individuals who lost their jobs because of injuries and found that they had lost a major satisfaction in their life that they derived from their employment.  An award is then made on account of the future loss of this job.  The notion for the basis of this was expressed by Edmund Davies LJ in Morris v Johnson Mathey [1967] 112 Sol Jo 32. 

"The joy of a craftsman in his craft was beyond price"

This is an award separate from that awarded for loss of earnings and pain, suffering and loss of amenity.  Awards have been in the past typically made to those who worked in Uniformed professions such as the Police, Nursing etc where their job was viewed as a vocation.

Up to date guidance was provided by the Queens Bench Division in a case heard on the 18 October this year - Davison v Leitch. In this case the Claimant was a city equity trader.  She sustained an injury as a result of negligent care by her Consultant Obstetrician during the delivery of her baby. This meant that owing to her injuries she was unable to return to the same job that she had done prior to the negligence. She had been extremely successful earning a salary of  £206,828 gross per annum and it was her case that she would have progressed to Director level.  The Court took into account the cases of Evans v. Virgin Atlantic Airways ( 2011) and Dudley v. Guaranteed Asphalt ( 2013) which it held demonstrated the range of awards for this was in the order of £5,000.00 to £7,000.00.

The Judge said in this case the Claimant's injury had put paid to her ability to return to any form of employment in the financial sector and severely limited the nature of any future employment . The Judge stated that many of her talents were likely to go to waste and any future work that she would undertake in the future would be solitary and considerably less well paid. She therefore concluded that an award towards the upper end of the bracket was appropriate at £6,500.00.

This is an interesting case considering awards for loss of congenial employment in city employment.

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