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Butler & Anor v Thompson [2005] EWCA Civ 864 (13 July 2005)

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Earning capacity: It was held to be appropriate to recalculate the level of damages awarded to a passenger of a vehicle who had sustained brain damage in a road traffic accident so as to take into account the finding that a higher level of earning capacity was possible. The Recorder was entitled to find that, on the balance of probabilities, the passenger's post-accident condition was caused by the brain damage which she had suffered as a result of the accident.

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