Source: All England Reporter
Publisher Citation: [2002] All ER (D) 210 (Mar)
Court: Court of Appeal, Civil Division
Judge:

Thorpe, Tuckey LJJ and Sir Anthony Evans

Representation Elizabeth-Anne Gumbel QC and Henry Witcomb (instructed by Watson Burton, Newcastle upon Tyne) for the claimant.
  Michael de Navarro QC and Bradley Martin (instructed by Eversheds, Newcastle upon Tyne) for the defendant.
Judgment Dates: 14 March 2002

Catchwords

Damages - Personal injury - Amount of damages - Multiplier - Assessment - Judge estimating life expectancy of claimant - Judge determining multiplier based on pecuniary loss for term certain - Whether judge in error.

The Case

In determining the appropriate multiplier where the claimant's expectation of life had been substantially reduced by her disability, the judge had had to make the best estimate of how long she would live. Without that estimate he could not determine what lump sum to award so as to give her the means to provide the care she needed for the remainder of her life. If the multiplier had also included a discount for mortality to reflect the fact that the claimant would not live exactly to her life expectancy that would amount to a double discount. In the instant case, the judge's approach to determining the claimant's life expectancy and the appropriate multiplier had been correct.

Practice Areas

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