Loss of Future Income-earning Capacity

By Ian Aikenhead, Q.C. Damages for loss of future earning capacity are awarded usually in cases in which the plaintiff’s injuries result in permanent physical disabilities or permanent intellectual deficits. However, it is not only continuing physi­cal or intellectual limitations … Continue reading

More Galleries | Leave a comment

Loss of Income-earning Capacity

By Ian Aikenhead, Q.C. Loss of income-earning capacity is the correct legal term and concept for what is commonly referred to as past and future loss of income. A claim for loss of income-earning capacity is based on hypothetical events, … Continue reading

More Galleries | Leave a comment

Thin Skull versus Crumbling Skull

By Ian Aikenhead, Q.C. One of the principles of personal injury law is that the persona who caused the injury must take the victim as he finds him (Dulieu v. White, [1901] 2 K.B. 669 at 679 (D.C.)): If a … Continue reading

More Galleries | Leave a comment

Contingencies

By Ian Aikenhead, Q.C. In order to assess future loss in the most realistic way possible, the court should apply contingencies to take into account the uncertainty of pre­dicting the future and the chance that the assumptions on which the … Continue reading

More Galleries | Leave a comment

Legislative Watch Article for the Verdict Magazine – December 2011

By Ian Aikenhead, Q.C. The Current Session The Fourth Session of the 39th Parliament commenced October 3, 2011 and ended November 25, 2011 in Victoria. Since the last Legislative Watch column, a number of Bills have been passed which may … Continue reading

More Galleries | Leave a comment

Legislative Watch Article for the Verdict Magazine – June 2011

By Ian Aikenhead, Q.C. The Current Session The Third Session of the 39th Parliament ended June 2, 2011 in Victoria.  Since the last Legislative Watch column, a number of Bills have been passed which may be of particular interest to … Continue reading

More Galleries | Leave a comment