COMPETING RIGHTS
SCIENCE v FACTS
POST-DISCIPLINE SANCTIONS
FLYING UNSEEN
Most individuals are dependent on employment for their income. Illness of diverse kinds may impair the ability to work; the individual’s income may then become compromised and the law in many situations may begin to take an interest. This is usually the stuff of personal injury law, where employment prospects in the future—in the face of injuries sustained as a result of some tortious act—have to be studied with some care as any compensation payable must obviously reflect probable future loss.
In ancillary proceedings following divorce, the earning potential of ex-spouses is clearly a consideration especially where illness has afflicted one or both spouses. Lay persons often confuse recovery from illness with the full resumption of the capacity to work. The reality may be somewhat different. An individual may recover from some disorder but the prospects for his future employment may remain unclear and unpredictable. This situation played an important part in the Court of Appeal’s deliberations in v ( 2007) EWCA 1085, [2007] All ER (D) 43 (Nov).
Reckless dissipation
