header-logo header-logo

13 November 2014 / David Regan
Issue: 7630 / Categories: Features , Personal injury
printer mail-detail

The Ogden conundrum

regan_0

When & how should the Ogden reduction factor be discounted, asks David Regan

The calculation of damages for future loss in cases of personal injury can never be an exact science. Chancery colleagues frequently shudder at the broadness of the brush applied even to the most sizeable awards. However, a degree of approximation is inevitable in cases of tortious loss—ungoverned by contract—stretching from years to a lifetime into the future. This can only be only magnified by the youth of the claimant, or the uncertainty of their future condition, likely career path or care needs.

Future loss

For more than 20 years, the court has used the Ogden tables as a basis for calculating awards for future loss. The tables provide a multiplier which takes account of mortality, corrected for age and sex, and the rate of return, discounted for accelerated receipt. The tables do not of course determine the claimant’s precise life expectancy, but are based on the mean life expectancy of those in the relevant population group. They have been a very

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Switalskis—five appointments

Switalskis—five appointments

Firm expands national abuse compensation team

Mathys & Squire—nine promotions

Mathys & Squire—nine promotions

IP firm announces new partners and senior promotions across UK offices

Carey Olsen—five promotions

Carey Olsen—five promotions

Carey Olsen promotes five lawyers to the partnership

NEWS
A High Court ruling has sent a jolt through the legal profession after a newly qualified solicitor used an internal AI tool to produce court correspondence containing a fabricated legal citation
A significant data privacy ruling has clarified what counts as valid consent under UK data protection law
Executors may be overlooking billions of pounds in estate assets hidden in forgotten investments and misplaced share certificates
Britain’s booming non-surgical cosmetics market is operating in what some critics describe as a regulatory ‘Wild West’
Family contact disputes are becoming an increasingly prominent feature of Court of Protection litigation
back-to-top-scroll