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

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

The court held that the claimant's life expectancy should be reduced by 13 years from the general population figure, resulting in a further life expectancy of 49 years, based on a clinical judgment that gave significant weight to positive physical and socio-economic factors. The appropriate multiplier for future loss should be taken from Table 28 for a term of 49 years, as the expert assessment already accounted for most mortality risks.

Citation
[2007] EWHC 274 (QB)
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, Multiplier for Damages
Tort Law Personal Injury Road Traffic Accident Contributory Negligence Quantum of Damages Life Expectancy Multiplier for Damages

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

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 reduction in life expectancy for the claimant as a result of his injuries?
  2. 2 What is the correct multiplier to apply for future loss calculations given the claimant's life expectancy?

Ratio Decidendi

The court held that the claimant's life expectancy should be reduced by 13 years from the general population figure, resulting in a further life expectancy of 49 years, based on a clinical judgment that gave significant weight to positive physical and socio-economic factors. The appropriate multiplier for future loss should be taken from Table 28 for a term of 49 years, as the expert 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 (Table 28, 49 years, 2.5% discount rate).