Case Report: John Edward Billet v Ministry of Defence [2014] EWHC 3060 (QB)

Calculating future loss; Ogden ‘It appears the tension arises not from any misunderstanding of the Ogden tables themselves but from these tables providing an indication of a very broad range of problems.’ This judgment provides an interesting discussion of the tension between the judicial and statistical approaches to valuing quantum of future loss of earnings. …
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Quantum: Maximising damages in brain injury cases

Nigel Cooksley QC and Rosalie Snocken identify the problem areas and advise against settling too early ‘If funds can be made available then do not “make do”. Even if there is a compromise on liability due to litigation risk or contributory negligence, obtain an interim payment, engage a case manager and put into effect the …
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Life Changes: Turning the tables

Simon Readhead QC explores what’s new in Ogden 7 ‘The use of updated mortality tables results in an increase in life expectancies for both males and females for all ages up to 96 for males and 98 for females. In some cases the increases are very significant.’ The new edition of the Ogden Tables (Ogden …
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Quantum: Drafting a schedule in a serious clinical negligence case

Stuart Mckechnie gives practical tips on how to optimise claims ‘Traditionally, the costs of commercial care have increased year-on-year at a higher rate than conventional inflation.’ The schedule of loss is the most important quantum document in any serious clinical negligence case. This article provides guidance on how to construct such a schedule and maximise …
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