Podcast Location:
Download it here [file size: 19.6 MB]
Categories:
Negligence & Personal Injury
CPD Points:
Up to 1 point. details »

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Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this two-part podcast series, Simon Brindle a barrister from 9 Gough Square aims to guide personal injury practitioners through the often complex task of calculating future loss. This will include a consideration of how to approach the measurement of life expectancy, loss of earnings and the Ogden 7 Approach.

*** Please note that this podcast is accompanied by a PDF document which contains some worked examples of scenarios discussed within the podcast. In order to ensure a full understanding of the concepts and calculations discussed within, listeners are advised to refer to the document (found within the Additional Materials) whilst completing this CPDcast activity ***

Outcomes:
After completing the course you will:
  • Understand how life expectancy is measured for the purpose of calculating future loss;
  • Recognise how the Ogden Tables projections need to be modified when applied to individuals with impaired lives and how to quantify the effect of the impairment;
  • Understand how a Claimant’s individual lifestyle will factor into the life expectancy calculation;
  • Know how to prove reduced/increased life expectancy;
  • Understand how the expected rate of return a Claimant could achieve if she/he invested their damages and the effects of inflation will be taken into account by the Court;
  • Appreciate the calculation of non-integer multipliers;
  • Understand the Ogden table’s provisions for contingencies other than mortality and how the contingencies multipliers work in practice;
  • Appreciate the principles underpinning the Ogden 7 Approach Have considered some of the areas that cause particular difficulties for practitioners.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Practical Guide
Procedural
Sources and References:
  • A v Powys Health Board [2007] EWHC 2996;
  • Arden v Malcom [2007] EWHC 404;
  • Blamire v South Cumbria HA (1993) PIQR Q1 CA;
  • Broderick v Royal Wolverhampton Hospitals NHS Trust (unreported, 15th January 2008);
  • Bullock v Atlas Ward Structures [2008] EWCA Civ 194;
  • Clark v Maltby [2010] EWHC 1201;
  • Conner v Bradman & Co [2007] EWHC 2789;
  • Cooke v United Bristol Health Care [2003] EWCA Civ 1370;
  • Crofts v Murton [2009] EWHC 3538 (QB);
  • Edwards v Martin [2010] EWHC 570;
  • Fleet v Fleet [2009] EWHC 3166;
  • Helmot v Simon (Civil Appeal 414);
  • Higgs v Pickles (unreported 18th January 2011);
  • Hopkinson v MOD [2008] EWHC 699;
  • Hunter v MOD [2007] NIQB 43;
  • Huntley v Simmonds [2009] EWHC 405;
  • Leesmith v Evans [2008] EWHC 134;
  • Pankhurst v White and Anr [2009] EWHC 1117;
  • Peters v East Midlands Strategic Health Authority [2008] EWHC 778;
  • Rowley v London and North Western Railway (1873) LR 8 Ex 221;
  • Royal Victoria Hospital v B (a child) [2002] PIQR Q10;
  • Royal Victoria Infirmary v B [2002] Lloyds LR (Med) 282);
  • Sharma v Noon Products Limited (unreported, 7th April 2011);
  • Smith v East and North Hertfordshire Hospitals NHS Trust [2008] EWHC 2234;
  • Smith v LC Window Fashions [2009] EWHC 1532 (QB);
  • Tinsley v Sarkar [2006] PIQR Q1;
  • Warriner v Warriner [2002] 1 WLR 1703;
  • Wells v Wells [1999] 1 AC 345;
  • White v St George’s Healthcare NHS Trust [2011] EHWC 2066.
Tags:

In this two-part podcast series, Simon Brindle, a personal injury barrister from 9 Gough Square discusses Life Expectancy and Multipliers.

*** Please note that this podcast is accompanied by a PDF document including some worked examples of scenarios discussed within the podcast ***

Date added: 07/11/11

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