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ARTICLE · 19 SEPTEMBER 2017

Apportionment Of Damages For Divisible Injuries

Clyde & Co
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In a useful judgment for insurers, the Court of Appeal has again considered the issue of apportioning claims for compensation when there are multiple extrinsic causes...

United KingdomInsurance
Judith Martin
Judith Martin
Mary Coyles
Mary Coyles
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Case alert: BAE Systems (Operations) Ltd v M Konczak [2017] EWCA Civ 1188

In a useful judgment for insurers, the Court of Appeal has again considered the issue of apportioning claims for compensation when there are multiple extrinsic causes, with consideration to the issue of divisible and indivisible injuries. Where there are multiple causes of psychiatric injuries, attempts should be made to apportion the loss. However where the harm is indivisible, it will not be possible to undertake such an apportionment. This approach endorsed the obiter guidance given in Barber v Somerset CC [2002] EWCA Civ 76.

The Facts

BAE Systems appealed against an award of damages of £360,000 awarded by an Employment Tribunal to the Claimant in respect of sex discrimination, disability discrimination and unfair dismissal.

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