This site uses cookies.

When the Ogden Tables just don't work - Malcolm Henke, Horwich Farrelly

10/12/19. Particularly during periods when low discount rates produce high multipliers, claimants will always seek to have their claims for future losses calculated on a multiplicand/multiplier basis, using the Ogden Tables. Indeed, in Irani v Duchon (2019) EWCA Civ 1846 the Court of Appeal confirmed that was the method to be preferred when calculating future loss of earnings. However, the court also recognised that there will be cases, such as this, where a broad-brush approach leading to a lump-sum or Blamire award would be unavoidable.

By way of example, the Court of Appeal suggested there would be no real alternative to a Blamire award if there was insufficient evidence or there were too many imponderables for the judge to be able to make the findings necessary to support the multiplicand/multiplier approach. In order to calculate the multiplicand, it was necessary for the claimant to establish on the balance of probabilities (i) the but for (the accident) earnings and (ii) the residual earnings. This would include consideration of...

Image ©iStockphoto.com/peepo

Read more (PIBULJ subscribers only)...

All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.