Tag Archives: Actuarial Tables

LOSS OF EARNINGS: THE APPROPRIATE LOSS OF EARNINGS MULTIPLIER FOR AN INJURED CLAIMANT: MITIGATION OF LOSS

It is always interesting to look at those cases where the judge decides on loss of earnings. In Syred -v- Powszecnny Zaklad Ubezpieczen (PZU) SA [2016] EWHC 254 (QB) (Mr Justice Soole. In particular there is an interesting riposte to an assertion that the claimant failed to mitigate his loss. KEY POINTS The judge found […]

THE OGDEN TABLES -v- SMITH & MANCHESTER: A COURT OF APPEAL DECISION ON LOSS OF EARNINGS

In Billett -v- Ministry of Defence [2015] EWCA Civ 773 the Court of Appeal overturned a decision that future loss of earnings should be determined by the “Ogden tables” approach and replaced it with the more traditional Smith -v- Manchester approach. Lord Justice Jackson sets out a detailed explanation of the “calculation” of a Smith […]

JUDGE ADOPTS “OGDEN 7” APPROACH TO FUTURE LOSS OF EARNINGS: AN IMPORTANT ISSUE

In Middleton -v- Ipswich Hospital NHS Trust [2015] EWHC 775(QB) HH Judge McKenna (sitting as a High Court Judge) adopted the “Ogden 7” approach to future loss of earnings in the case of a 13 year old child. THE CASE The case was an action for clinical negligence at birth giving rise to “Erbs Palsy”. […]

DISABILITY IN THE LABOUR MARKET: ANOTHER EXAMPLE WHERE THE ACTUARIAL TABLES COULD NOT BE USED

The previous post looked at the difficulties that can arise when attempting to use the “Actuarial” calculation for loss of earnings. It is interesting to look at an example of an award for disability in the labour market being used in practice.  In the Northern Irish case of  Hazlett -v- Robinson [2014] NIQB 17 Gillen J […]

LOSS OF EARNINGS: THE “OGDEN APPROACH” IN PRACTICE: TWO CASES EXAMINED

Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using the difference between the multipliers in relation to disabled and non-disabled claimants. See the guidance at paragraph 45 of the explanatory notes.  Here we look […]