Ogden Tables approach endorsed by Judicial Committee of the Privy Council

As is widely known, the processes for setting an appropriate discount rate (or rates) for valuing future pecuniary loss are moving forward under separate legislation in both England & Wales and in Scotland.

The matter of updating the Ogden Tables to reflect any new rate (or rates) and to deal with changes in population life expectancy has consequently taken something of a back seat in recent years and, as far as we can tell, remains on the back burner very probably until new discount rates are determined under both pieces of legislation.

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Multipliers to run from date of trial in fatal claims: Knauer v MoJ, Supreme Court 24 February 2016

A panel of seven Justices of the Supreme Court today unanimously changed the basis for calculating future loss of dependency in fatal accident claims and adopted the date of trial or assessment of damages as the starting point for the calculation. The previous common law approach, which dates from Cookson v Knowles in late 1970s, was to start from the date of death. The change brings English law (and, arguably, the law in Northern Ireland) into line with that in Scotland where the change to the date of trial or assessment was made in 2011 by a devolved statute.

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