What is a future loss of earnings claim?
How is future loss of earnings calculated?
Multiplicand = annual net loss; multiplier from Ogden tables based on age, gender, disability and employment status; net present value discount rate
What are the Ogden actuarial tables?
Government Actuary's Department; current edition; used by courts since Wells v Wells [1999]; how discount rate works
What is a Smith v Manchester award?
For cases where claimant can still work but faces a disadvantage on the open labour market; Smith v Manchester Corporation [1974]; lump sum approach
What is a Blamire award?
Where future is too uncertain to use Ogden; broad-brush approach
What if you can still work but only in a lower-paid role?
Claim for the difference; retraining costs
What evidence supports the claim?
Consultant's prognosis, employment expert, vocational assessment, payslips, tax returns for self-employed
What if your injury may deteriorate over time?
Provisional damages award — s.32A Senior Courts Act 1981
Sources
- Ogden Tables 8th edition (Government Actuary's Department)
- Wells v Wells [1999] 1 AC 345
- Smith v Manchester Corporation (1974) 17 KIR 1
- Senior Courts Act 1981 s.32A (provisional damages)
- Judicial College Guidelines, 17th edition (2024)