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13 November 2008
Issue: 7345 / Categories: Features , Damages , Personal injury
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The measure of injury

Part two: damages after physical and psychiatric injury, by Rehana Azib

The issue of assessment of damages arose in Gray v (1) Thames Trains Ltd (2) Network Rail Infrastructure Ltd (Formerly Railtrack Plc) [2008] EWCA Civ 713, [2008] All ER (D) 326 (Jun). Gray, who had been involved in the Ladbroke Grove rail crash, appealed against a decision that he was not entitled to damages for loss of earnings due to the principle of ex turpi causa. Gray had suffered severe post traumatic stress disorder as a result of the crash and which had subsequently caused him to undergo a severe personality change. He later stabbed a stranger to death and was detained in a hospital under s 37 of the Mental Health Act 1983, after pleading guilty to manslaughter.

Gray claimed damages on the basis that he was not able to earn as much as he would have done but for the accident. While the defendant admitted liability for loss of earnings up to the date of manslaughter, liability for losses incurred thereafter was

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

McHale Co bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
A High Court ruling has clarified the limits of digital communications in disputes over property ownership
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