THE OGDEN TABLES -v- SMITH & MANCHESTER: A COURT OF APPEAL DECISION ON LOSS OF EARNINGS

Accidents at Work and Loss of Earnings Claims

In Billett -v- Ministry of Defence [2015] 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 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 APPEAL

The Court of Appeal upheld the award…

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2 comments

  1. […] Gordon Exall considered a Court of Appeal decision on the correct approach when calculating future loss of earnings in The Ogden Tables -v- Smith & Manchester: A Court of Appeal Decision on Loss of Earnings  […]

  2. […] a Court of Appeal decision on the correct approach when calculating future loss of earnings in The Ogden Tables -v- Smith & Manchester: A Court of Appeal Decision on Loss of Earnings  (July […]

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