In Billett -v- Ministry of Defence  EWCA Civ 773 the Court of Appeal overturned a decision that future loss of earnings should be determined by the “Ogden tables” approach and replaced it with the more traditional Smith -v- Manchester approach. Lord Justice Jackson sets out a detailed explanation of the “calculation” of a Smith award and the “Ogden Tables” approach. The Court of Appeal held that the “Ogden” approach should not be applied in the current case.
The claimant was a soldier who suffered a non-freezing cold injury to his feet. He subsequently left the army and found employment as a driver. Liability had been agreed at 75%. The trial judge awarded damages on the basis of the Ogden Tables A & B approach and awarded damages for future loss of earnings in the sum of £99,062.04.
The Court of Appeal upheld the award…
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