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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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