When assessing non-pecuniary loss for brain injury, treatable secondary psychological conditions (such as anxiety and depression arising from the litigation process) must be excluded from the assessment if they are not the subject of the claim. Past loss of earning capacity must be calculated with proper regard to the incidence of taxation on lost income, particularly where most lost income would have been taxed at the highest marginal rate. Insurance payments under a loss of income policy taken out by the plaintiff's own company (as alter ego) are not deductible from damages, applying the Bradburn/Espagne collateral benefits principle.
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