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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...

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