Sarwar v Ali & Ors [2007] EWHC 274 (QB) (21 February 2007)

Sarwar v Ali & Ors [2007] EWHC 274 (QB) (21 February 2007)

The court determined that the Claimant's life expectancy should be reduced by 13 years from the general population figure, resulting in a further 49 years, based on a clinical judgment that gave significant weight to positive physical and socio-economic factors. The appropriate multiplier for future loss is 28.42,...

Source-derived case information.

Citation
[2007] EWHC 274
Parties
Claimant: Waseem Sarwar; First Defendant: Kamran Ali; Second Defendant: Motor Insurers' Bureau
Jurisdiction
England and Wales
Judgment Date
21 February 2007
Procedural Posture
Personal Injury Claim / Preliminary Judgment on Life Expectancy and Multiplier
Outcome
Preliminary judgment delivered on life expectancy and multiplier; main quantum and form of award issues reserved.
Legal Topics
Road Traffic Accident, Contributory Negligence, Quantum of Damages, Life Expectancy Assessment, Multiplier for Damages
Tort Law Personal Injury Road Traffic Accident Contributory Negligence Quantum of Damages Life Expectancy Assessment Multiplier for Damages

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Parties

Waseem Sarwar

Claimant

Kamran Ali

First Defendant

Motor Insurers' Bureau

Second Defendant

Procedural Posture

Personal Injury Claim / Preliminary Judgment on Life Expectancy and Multiplier

Legal Issues

  1. 1 What is the appropriate life expectancy for the Claimant given his injuries and circumstances?
  2. 2 What is the correct multiplier to apply for future loss calculations?

Ratio Decidendi

The court determined that the Claimant's life expectancy should be reduced by 13 years from the general population figure, resulting in a further 49 years, based on a clinical judgment that gave significant weight to positive physical and socio-economic factors. The appropriate multiplier for future loss is 28.42, derived from Table 28 for a term of 49 years at a 2.5% discount rate, as the experts' assessment already accounted for most mortality risks.

Court Disposition

Preliminary judgment delivered on life expectancy and multiplier; main quantum and form of award issues reserved.

Orders

  • Claimant's life expectancy determined as 49 further years to age 72.
  • Multiplier for future loss set at 28.42, using Table 28 at a 2.5% discount rate.