Ogden 8 – A reduction in multipliers and other important points to note

The eighth edition of the Ogden Tables was published on Friday 17 July 2020. This latest edition provides a new set of tables, and explanatory notes, to guide and inform the approach to the valuation of lump sum awards for future losses. Unlike in previous additions, there is now a short section of the explanatory notes addressing text dealing with periodical payments.

The main headline change for those dealing with high value claims is a reduction in the level of multipliers as a result of a slowdown in life expectancy improvement compared with the assumptions that were adopted when the seventh edition was produced. A change to those figures was anticipated in BLM’s previous blog in November 2019, a copy of which can be accessed here. 

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E-scooter road trials authorised

As widely anticipated, the government has set out the changes which will allow for e-scooter trials. They are to be classified as motor vehicles and certain regulations will be relaxed for the trials, but not the need for compulsory motor insurance. The permission for road use will be for authorised hire schemes only and it appears that the insurance arrangements will, in effect, be at fleet level rather than by way of individual policies. Privately bought and owned e-scooters will remain illegal for road use for the time being.

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An airline is not always liable for delays due to unruly passengers

Last week the Court of Justice of the European Union (CJEU) decided, in LE v Transport Aereos Portugueses SA (Case C-74/19), that a carrier is not liable for flight delay caused by an unruly passenger (a violent one, in this case) in instances in which the passenger’s behaviour can be characterised as extraordinary circumstances not inherent in normal air carrier activity and all reasonable measures were taken to limit the resulting delay (to the blameless passenger).

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