01708 757575 mbs@ker.co.uk Enterprise House, 18 Eastern Road, Romford, Essex UK, RM1 3PJ

Accident Claims – Loss of Earnings and the Taxman

If you have had an accident and make a claim for loss of earnings but you have avoided tax in the past – how should the Court deal with your claim?

By avoiding income tax and National Insurance your earnings have been derived by unlawful or illegal means but this will not invalidate your claim for personal injury entirely.

The approach taken by the Courts is to allow recovery to reflect the validity of the claim, but to then take the particular circumstances of the claim (ie the illegality) into account when deciding the amount of damages.

In such circumstances the Courts have held that claims for loss of future earnings may be made but subject to adjustments for the unpaid tax and NI.

If you are concerned about whether you can make a accident claim in such circumstances call use for further advice – 01708 757575 and ask for Neville Filar or Adam Carr.


We deal with accidents at work, slipping or tripping accidents and road accidents (car, bike or pedestrian) on no win no fee schemes.

Our specialist solicitors and lawyers assist clients with claims in London, Havering (Romford, Hornchurch, Rainham, Harold Wood, Gidea Park, Harold Hill and Upminster), Barking and Dagenham, Chadwell Heath, East London and Essex (including Brentwood, Basildon, Grays, Thurrock, Shenfield, Chelmsford and Southend).

Free initial consultation and No Win No Fee schemes available.


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