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Personal injury update

05 July 2007 / Lucy Wyles
Issue: 7280 / Categories: Features , Personal injury
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CLAIMS FOR LOSS OF EARNING CAPACITY

With this summer has arrived a significant change in the method of calculating claims for future loss of earnings and earning capacity on the multiplier/multiplicand approach.

The 6th edition of the Ogden tables was published in May. The latest tables are based on updated mortality rates using the latest set of national population projections. They now include guidance on splitting multipliers in cases of variable future losses and expenses. But, more significantly, this edition also advances a new methodology for assessing appropriate deductions to be made to the working life multiplier for dealing with contingencies other than mortality.

Factors which were previously taken into account in assessing the appropriate discount included occupation, industrial sector, geographical location and levels of economic activity. However, recent research has shown that the factors which have the most effect on a person’s future employment status are whether the person was employed or unemployed at the outset; whether the person is disabled or not; and the educational attainment of the person. In addition, the

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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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