Smith v Manchester awards


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert
Practice notes

Smith v Manchester awards


Published by a UUÂãÁÄÖ±²¥ PI & Clinical Negligence expert

Practice notes
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The nature of the award

Where 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 popularised the claim. A Smith v Manchester award is sometimes described as an award for loss of earning capacity.

After sustaining an injury a claimant may return to their former work at the same pay or similar work with the same or better salary. In these circumstances there may be no obvious loss but the claimant may in fact be worse off in the future eg if they lose their present job they may be at a disadvantage in getting new work. For example, a visible eye or hand injury may lead to Discrimination or they may have to take time off for a painful back or future surgery.

A Smith v Manchester award is usually made as a separate lump sum award. However, practitioners

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United Kingdom
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Key definition:
Disability definition
What does Disability mean?

The term used for a person who has a disability in accordance with section 6(1) of the Equality Act 2010.

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