0370 270 6000

McGrae v Case International, Court of Appeal

25 March 2003
The issues

Road traffic – RTA – loss of congenial employment – future loss of earnings.

The facts

The Claimant was riding his motorcycle when he was involved in an accident, as a result of which he suffered serious fractures to his wrist. He was 41. He was working as a motorcycle courier and had been for 7 weeks before the accident. Before that, he had worked as a sewing machine operator, an administrative worker and a courier driver. After the accident, he obtained work as a cleaner at a wage some £5,000.00 less than he had been earning as a motorcycle courier and between £3,000.00 and £4,500.00 less than he had been earning in his other pre-accident occupations. He claimed for a future partial loss and for damages for loss of congenial employment on the basis that he could no longer ride is motorcycle. The Defendant appealed from the Judge’s awards in respect of future loss and loss of congenial employment.

The decision

1. Pre-accident figures for earnings capacity were not appropriate as the calculation base. The figures were patently unreliable and the Judge should have awarded a round sum. The figure of £41,871.43, which the Judge had awarded under this heading, should be replaced with an award of £12,500.00.

2. The Judge had awarded a multiplier of 20.21 in respect of the Claimant’s inability to do jobs at home. This multiplier was too high and would be replaced with a multiplier of 15.

3. A loss of congenial employment award would have been appropriate if the Claimant has been employed for a lengthy period of time as a motorcycle courier, but this was not the case and the award under that head would be set aside.

Focus on...

Legal updates

Court of Appeal confirms exclusive English jurisdiction clause in excess liability policies in Canadian pipeline dispute

On 10 June 2022 the Court of Appeal upheld an anti-suit injunction granted in favour of insurers by Mr Justice Jacobs in September 2021 restraining proceedings from being brought in Canada and enforcing the exclusive English jurisdiction clause in excess liability policies.



Payment Fraud landscape shaped by technology in 2021

Payment systems across Europe are under increased pressure to mitigate fraud risks and defend against persistent attacks from enablers using ever more sophisticated and malicious viruses and malware.


Legal updates

Gosden and another v Halliwell Landau and another [2021] EWHC 159 (Comm)

This claim addressed the question, of when the date for assessment of damages in cases of negligence should be determined and shows that when appropriate the Courts will depart from the default position.


Legal updates

Assessing the scope of employers liability – Chell v Tarmac

These were the opening remarks of Mr Justice Martin Spencer when handing down his Judgment in the recent case of Andrew Chell v Tarmac Cement and Lime Limited [2020] EWHC 2613, the latest in a series of appeals dealing with the scope of vicarious liability.


The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up