The decision in Swift earlier in the month significantly changes how this head of loss is assessed in catastrophic injury cases. In the ten days since the judgment was delivered, there have been (virtual) acres of technical commentary and various on-line briefings have been held, including two that we facilitated and including our spreadsheet (attached at the end of this blog) which performs the new calculation.

The purpose of this blog is therefore neither to provide an in-depth analysis of the decision nor to offer a ‘how to’ guide to the new approach – however, please don’t hesitate to get in touch with Andrew Hibbert or me if we can help with that – but rather to draw out core points, below, which have become a good deal clearer after considered reflection on the outcome.