Where a plaintiff's post-injury earning capacity in an alternative field has been more productive than the lost earning capacity, the plaintiff bears the onus of proving that the diminution in earning capacity was productive of financial loss. Profits from property development that are predominantly attributable to the plaintiff's personal skill, labour and decision-making (rather than capital appreciation) constitute the exercise of earning capacity and are properly taken into account in assessing loss of earning capacity. The case also raises but does not resolve the question whether intentional sporting violence should be pleaded as trespass to the person rather than negligence.
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