Sarwar v Ali & Ors

Sarwar v Ali & Ors

The court determined that the Claimant's life expectancy should be assessed using a reduced years approach, starting from the Frankel paper and adjusting for injury specifics and positive physical and socio-economic factors, resulting in a 49-year further life expectancy. The appropriate multiplier is to be taken from Table 28, as the expert evidence included all relevant mortality factors.

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 / Judgment on Preliminary Issues: Life Expectancy and Multiplier
Outcome
Preliminary judgment delivered on life expectancy and multiplier; final quantum and form of award to be determined.
Legal Topics
Road Traffic Accident, Contributory Negligence, Quantum of Damages, Life Expectancy Assessment, Multipliers for Damages
Tort Law Personal Injury Road Traffic Accident Contributory Negligence Quantum of Damages Life Expectancy Assessment Multipliers for Damages

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Parties

Waseem Sarwar

Claimant

Kamran Ali

First Defendant

Motor Insurers’ Bureau

Second Defendant

Procedural Posture

Personal Injury Claim / Judgment on Preliminary Issues: 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 assessed using a reduced years approach, starting from the Frankel paper and adjusting for injury specifics and positive physical and socio-economic factors, resulting in a 49-year further life expectancy. The appropriate multiplier is to be taken from Table 28, as the expert evidence included all relevant mortality factors.

Court Disposition

Preliminary judgment delivered on life expectancy and multiplier; final quantum and form of award to be determined.

Orders

  • Claimant's life expectancy set at 49 further years (to age 72).
  • Multiplier for future loss calculations set at 28.42 (Table 28, 2.5% discount rate).