Loss of earning capacity

Cases in which the court may make an award in respect of loss of earning capacity are: (a) where the plaintiff’s injuries have affected his ability to earn, but he

suffers no loss of earnings because his employer continues to employ him at the same rate of pay. In such cases, the plaintiff may recover damages for his loss of earning capacity if there is a real risk that he could lose his existing employment, because his ability to find an equivalent employment will have been reduced;19

(b) where the plaintiff is a young child who has never been employed, so that there is no actual loss of earnings.20