Podcast Location:
Download it here [file size: 18.6 MB]
Categories:
Remedies & Enforcement
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

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

This concise podcast provides an excellent overview of the major issues when calculating future losses in damages. It examines the appropriate method of calculation, analysing their respective strengths and weaknesses. The speakers also analyse other factors that will influence the final award, including the date of trial, taxation and risk premiums for speculative ventures. The podcast concludes with an expert insight into good practice when selecting and instructing expert witnesses in this complex area of law.

Outcomes:
After completing the course you will:
  • Understand the conceptual elements of the two principle calculation future loss of profits and the respective benefits and weaknesses of each;
  • Understand how jurisdiction can influence the discounted cash flow rate on future profit awards and how to calculate that risk;
  • The approach the courts will take on complex question of how to tax awards for future profits;
  • Good practice when selecting and instructing expert witnesses in future loss calculation cases.
Level:
General Interest Difficulty: 2 of 5
Classification:
Legal Principles
Practical Guide
Sources and References:
  • Bwllfa and Merthyr Dare Steam Colliers v Pontypridd Waterworks Co [1983] AC 426;
  • Eastern Sugar B.V. v. Czech Republic Amstrad Plc v. Seagate Technologies Inc [1997] 86 BLR 37.

This podcast covers common problems when calculating future loss damages. It specifically addresses the conceptual underpinning between different calculation methods for loss of future profit. What factors influence the amounts of awards, including risk premiums, taxation and the date of trial. The podcast also deals with good practice for expert witnesses used in future loss cases.

Podcast Added: 23/12/2008

Podcast last reviewed: 2011-09-27

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