Wells v Wells [1999] 1 AC 345 – Law Journals

Development Of Quantum: Comparative awards of damages

Harry Trusted investigates the economic factors that have influenced the approach to valuation for catastrophic injury claims ‘The increasingly desperate state of western economies produces the severest problems for those who cannot tailor their lives to deal with events. Badly disabled claimants cannot take investment risks because they need their care and they have no …

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Discount Rate: The longest wait

Julian Matthews reviews the current position in England in light of the decision of the Privy Council in Helmot v Simon ‘The outcome of Helmot v Simon [2012] has been recently reviewed in the Privy Council. What has happened in that case may well have some interesting pointers to the forthcoming debate to be held …

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Investment: Lack of return

Andrew Sands and Nicholas Martin examine the issues relating to the discount rate and conclude that a reduction in the rate should be inevitable ‘Reality means that life expectancy is always, by its very nature, an estimate so will be wrong. This introduces mortality risk, which if the claimant lives longer than expected means that …

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Life Expectancy: Calculation of multipliers

Richard Lodge reviews the court’s approach to applying Ogden Tables 1, 2 and 28 ‘Those involved in personal injury litigation will be aware that defendants routinely argue that Table 1 or 2 is the appropriate method for calculation of the life multiplier. This argument should not be assumed to be correct, however, and much depends …

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Clinical Negligence: The Damages Act 1996

Julian Matthews looks at the latest authorities concerning the discount rate ‘The computation of continuing losses in clinical negligence and personal injury claims is entirely dependent upon the assessment of the multiplier. Traditionally the multiplier was assessed by the courts on the basis of precedent.’ In early November 2010 the Lord Chancellor announced a review …

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