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The scales of justice on a plain background

British Transport Commission v Gourley

1956 · [1956] AC 185

Posted By lanbuk.com

Facts

An engineer injured in a train accident claimed lost earnings.

Issue

Should damages for lost earnings be reduced for the tax he would have paid?

Held

Yes.

Principle

Damages for lost earnings are based on what the claimant would actually have received, after tax.

Why it matters

Shows compensation is for real loss only.

Cited in these chapters

Cite this page

British Transport Commission v Gourley [1956] AC 185 (Lanbuk) <https://www.lanbuk.com/llb/torts/cases/bt-commission-v-gourley> accessed 31 October 2026

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This summary is a Lanbuk study aid based on the generally known facts and reports of the case. It is not legal advice.