In assessing future losses the courts will award the claimant a lump sum which will take into account the general contingencies of life and the accelerated receipt of a sum which is available for investment. One of the principle heads of future loss is pensions loss. The court is also under a duty to consider whether a claim is suitable for a periodical payments award.
To help calculate losses in personal injury and fatal accident cases, a group of actuaries (including the Government Actuary's Department) have prepared actuarial tables known as the Ogden tables. The tables, which are now in their 7th edition, provide factors (known as multipliers) which are used to assess the
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Pensions analysis: The High Court has held that the rules of the Railways Pension Scheme provide a degree of flexibility in how any funding shortfall may be addressed and that flexibility can include an assessment of the practicality of any steps that are expressly provided for under the rules.
Late payment penalties—inheritance taxWhile interest often accrues on overdue tax, the late payment of certain taxes may also attract a penalty. For information on the interest accruing on overdue tax, see Practice Notes: IHT—payment deadlines on death—Interest on IHT and Interest on late paid
Strike out—making an application to strike out a statement of caseA strike out order can be made either following an application by the parties or on the court's own initiative. This Practice Note deals with the scenario of the order being made following a party's application.Making an application
Contributory negligence in personal injury claimsContributory negligence is a partial defence which can lead to a discount in damages.Other defences may also be relevant. See Practice Notes: Did the claimant consent to the risk of injury? and Was the claimant involved in an illegal activity?If a
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