Stewart v. Daniel Montgomery & Son Ltd [2005] ScotCS CSOH_100 (28 July 2005)

Stewart v. Daniel Montgomery & Son Ltd [2005] ScotCS CSOH_100 (28 July 2005)

The court held that the appropriate method for calculating future loss of earnings was to use the Ogden Table multiplier for a male aged 32 to retirement at 65, adjusted for contingencies as recommended. The pursuer was likely to retrain for a year or two and then secure employment at a lower salary than pre-accident, justifying a two-year full loss followed by a reduced annual loss. No additional sums were awarded for retraining costs or labour market disadvantage due to lack of evidence.

Citation
[2005] ScotCS CSOH_100
Parties
Pursuer: Adrian Stewart; Defenders: Daniel Montgomery & Son Ltd
Jurisdiction
Scotland
Judgment Date
28 July 2005
Procedural Posture
Personal Injury Damages Action / Judgment on Quantum (future Loss of Earnings) After Admission of Liability
Outcome
Decree for the pursuer for £264,235, with interest at the ordinary rate from the date of decree until payment.
Legal Topics
Future Loss of Earnings, Damages Assessment, Multiplier Multiplicand Method, Disability and Employment, Ogden Tables
Personal Injury Employment Law Future Loss of Earnings Damages Assessment Multiplier Multiplicand Method Disability and Employment Ogden Tables

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Parties

Adrian Stewart

Pursuer

Daniel Montgomery & Son Ltd

Defenders

Procedural Posture

Personal Injury Damages Action / Judgment on Quantum (future Loss of Earnings) After Admission of Liability

Legal Issues

  1. 1 What is the appropriate sum to be awarded for future loss of earnings to the pursuer following personal injury?
  2. 2 Should adjustments be made to the Ogden Table multiplier for contingencies other than mortality?
  3. 3 Is the pursuer entitled to additional sums for retraining costs or labour market disadvantage?

Ratio Decidendi

The court held that the appropriate method for calculating future loss of earnings was to use the Ogden Table multiplier for a male aged 32 to retirement at 65, adjusted for contingencies as recommended. The pursuer was likely to retrain for a year or two and then secure employment at a lower salary than pre-accident, justifying a two-year full loss followed by a reduced annual loss. No additional sums were awarded for retraining costs or labour market disadvantage due to lack of evidence.

Court Disposition

Decree for the pursuer for £264,235, with interest at the ordinary rate from the date of decree until payment.

Orders

  • Award of £264,235 to the pursuer, inclusive of agreed damages and future loss of earnings.
  • Interest at the ordinary rate from date of decree until payment.