Loss of earnings - Ward -v- Newalls Insulation
Loss Of Earnings

Instructed by solicitors acting on behalf of the claimant, who runs a hardware shop in partnership with his wife. He was seriously injured in a road traffic accident. The business includes the sales of model making products, including specialised miniature tools and equipment. Sales are made in the shop, online and at model making exhibitions. The claimant has extensive knowledge of the specialised products, and customers relied on him for advice on potential purchases. Because of the injuries he sustained in the index accident, the claimant is no longer able to attend the shop. It is claimed that - as a result - turnover fell by 20% in the first full accounting year after the accident. Further, an additional member of staff has had to be taken on in the shop. My report evaluates the partnership's potential loss of turnover and profits following the accident, and the claimant's share thereof, on two alternative bases - (1) a 50% share (the actual allocation for accounts and taxation purposes and (2) an 80% share, reflecting his true pre-accident input into the business, in accordance with the judgement in "Ward -v- Newalls Insulation Limited".