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Ubbi and Anori (minors) v Ubbi [2018] EWHC 1396 (Ch), [2018] All ER (D) 38 (Aug) What are the practical implications of this case? In proceedings by two children seeking maintenance from their late father’s estate under the Inheritance (Provision for Family and Dependants) Act 1975, the parties settled on a calculation approach that the court endorsed and applied. The agreed multiplier–multiplicand methodology drew on the Ogden Tables for each head of maintenance. An investment rate of -0.75% was adopted, on the footing that any lump sum would be invested in gilts to mirror the lowest investment risk. From the overall figure, there was a deduction to reflect the reasonable contribution the children’s mother could be expected to make across the relevant period. As a result, her financial position and anticipated earnings and income were pertinent, and evidence addressing these was required. Although this necessarily involved an element of ‘crystal ball gazing’, it was considered the most accurate tool available. Unlike a claim under Schedule 1 of the Children...
In this issue: Key PI and clinical negligence developments Claims involving fraud and fundamental dishonesty Clinical negligence Abuse and criminal injuries Other PI and clinical negligence news New content Daily and weekly news alerts LexTalk®PI & Clinical Negligence: a Lexis®Nexis community Useful information Key PI and clinical negligence developments Government Actuary's Department updates Ogden Tables The Government Actuary’s Department has issued a revision to the Ogden Tables, notably amending the Additional Tables to incorporate +0.5% multipliers. This brings them into line with the prevailing rate in England and Wales, Scotland and Northern Ireland. The refreshed eighth edition and the updated Additional Tables equip actuaries, lawyers and other professionals with up-to-date figures for assessing lump sum compensation in personal injury and fatal accident claims. The Additional Tables now include multipliers to capitalise multiplicands payable from any age at the date of trial to any future age up to 125, and guidance for deriving...
This Practice Note provides links to the national life tables and to the projected life expectation tables. National life tables Produced annually for the UK and its constituent countries, national life tables present period expectation of life statistics...
The nature of the award Where an injured person faces a handicap in the labour market because of a lingering disability caused by their injury, they can seek a head of loss commonly known as a Smith v Manchester award, taking its name from the case that popularised the claim. A Smith v Manchester award is sometimes characterised as compensation for reduced earning capacity. Following an injury, a claimant might resume their previous role on identical pay, or comparable employment on equal or higher wages. In such situations there may appear to be no immediate deficit, yet the claimant could, in fact, still be disadvantaged later; for instance, if they lose their current job, they may struggle to secure employment. A conspicuous eye or hand impairment may invite discrimination, or they may require absences for a painful back or forthcoming surgery. A Smith v Manchester award is ordinarily granted as a separate lump sum. It recognises the risk that future earning prospects are impaired despite current employment continuing on...
NOTE : On 2 December 2024, the Lord Chancellor confirmed a change to a positive 0.5% discount rate. That positive 0.5% rate takes effect from 11 January 2025. Schedule A1 to the Damages Act 1996 stipulates that subsequent reviews must take place within five years of the conclusion of the preceding review, which means the next review is required to commence on or before 2 December 2029...
Schedule of loss & dependency in a fatal accident claim [ IN THE COUNTY COURT AT [ INSERT ] OR IN THE HIGH COURT OF JUSTICE ] [ [ Specify division ] ] [ [ Insert location ] DISTRICT REGISTRY ] Claim No: Between AB, Claimant (the Widow and Executrix of the estate of A, deceased) and C Limited, Defendant Note On 2 December 2024 the Lord Chancellor confirmed that the discount rate would move to a positive 0.5%. That positive 0.5% rate takes effect from 11 January 2025. Under Schedule A1 to the Damages Act 1996, later reviews must occur within five years of the end of the previous review, meaning the next review must begin on or before 2 December 2029. The Claimant retains the right to revise, modify or supplement this schedule at any time up to and including trial...