Loss of Earnings: the “Ogden Approach” in Practice: Two Cases Examined - Gordon Exall, Zenith Chambers
03/11/14. 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 at two cases where the use of this approach has been considered. In Ward it was held not to be appropriate; in Billett it was greatly modified.
WARD -V- ALLIES & MORRISON ARCHITECTS [2012] EWCA Civ 1287
In order to carry out the conventional multiplier/multiplicand tables valuation exercise a judge has to deal with two aspects before a multiplicand figure can be calculated.
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Make findings on the likely pattern of the claimant’s future earnings if she (or he) had not been injured;
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Make findings on the likely pattern of the claimant’s future earnings given the fact that he/she has now been injured...
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