Loss of congenial employment


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert
Practice notes

Loss of congenial employment


Published by a ÀÏ˾»úÎçÒ¹¸£Àû PI & Clinical Negligence expert

Practice notes
imgtext

Nature of the award

A claimant who is precluded from doing a job they enjoy is entitled to claim loss of congenial employment. This award relates specifically to the loss of enjoyment of their former employment and is quite separate from any direct financial loss. Some judges prefer to factor this into the award for pain, suffering and loss of amenity, but a claim for loss of congenial employment is recognised as a separate head of damage.

This head of loss will normally arise in instances where the claimant’s pre-accident job was of an unusual nature, although the claimant need only prove that they took a great deal of satisfaction and fulfilment from their work. While compensation was traditionally made in respect of jobs that involve a vocation or the application of particular skills, such as firefighters, doctors and military personnel, there are now examples of awards in a wide range of occupations,

Powered by Lexis+®
Jurisdiction(s):
United Kingdom

Popular documents

Past loss of earnings

Past loss of earningsCommon issuesClaims for loss of earnings are common in personal injury claims and are often the largest head of damages. For guidance on future loss of earnings, see Practice Note: Future loss of earnings—personal injury claims.While many are straightforward, typical

Smith v Manchester awards

Smith v Manchester awardsThe nature of the awardWhere an injured person is disadvantaged in the labour market as a result of a residual disability resulting from an injury, they are entitled to claim a head of damage commonly referred to as a Smith v Manchester award, named after the case that

Interest on general damages, special damages and judgment debt

Interest on general damages, special damages and judgment debtInterest on general damagesEntitlementA claimant is entitled to simple interest at a rate the court deems fit.The rateInterest on general damages is awarded at the rate of 2% a year.Interest can be awarded on all damages for personal

Pain, suffering and loss of amenity (PSLA)

Pain, suffering and loss of amenity (PSLA)Basis for valuing the lossHow should an injury be measured in a sum of money? After all, no formula can calculate the value of the loss of an arm or the sense of smell.Damages for pain, suffering and loss of amenity (PSLA) are awarded for physical and/or