On the 7th of December 2015, we won a very important trial and received judgment in our favour. In the matter of W Nel v. RAF the dispute was in essence the interpretation of the application of the cap in the act, when loss of income is calculated in instances where there is a merits apportionment.
The RAF contended that the claimant's (yearly) income must first be reduced to a figure below the cap, before the 50% apportionment is applied. We contended that the 50% apportionment should first be applied (which in this case will reduce the loss amount to below the cap) before the cap is applied.
The judgment" confirmed our position and this will certainly be good news to all claimants in a similar position, where they will be able to claim much more than the traditional calculation method would have allowed them to claim.