header-logo header-logo

The Ogden conundrum

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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll