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11 May 2018 / David Regan
Issue: 7792 / Categories: Features , Child law , Damages
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Losing out on the lost years

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Child claimants as well as adults should be able to recover damages for ‘lost years’, says David Regan

  • Argues that child claimants should be able to recover damages for loss of earnings (lost years).

Few aspects of the law relating to damages for serious personal injury have caused as much confusion and are as poorly understood as claims for ‘lost years’. In such cases, damages are awarded to a living claimant whose life has been shortened by a tort, for the loss of earnings in the time where, but for the tort they would have been alive. The law as it currently stands has evolved in an uncertain fashion, so that at present adult claimants are able to recover such damages while child claimants cannot. This situation is illogical to the degree that it verges on bringing the law into disrepute. Both the Court of Appeal and an increasing number of High Court decisions have lamented it, but the Supreme Court has yet to have an opportunity to consider the

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MOVERS & SHAKERS

Slater Heelis—Charlotte Beck

Slater Heelis—Charlotte Beck

Partner and Manchester office lead appointed head of family

Civil Justice Council—Nigel Teasdale

Civil Justice Council—Nigel Teasdale

DWF insurance services director appointed to Civil Justice Council

R3—Jodie Wildridge

R3—Jodie Wildridge

Kings Chambers barrister appointed chair of R3 Yorkshire

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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