Garth v Grant and the MIB
Garth v Grant and the MIB (May 2007; London QBD; HHJ Hickinbottom)
Jane Tracy Forster has recently succeeded in defeating an argument raised by the MIB in a substantial road traffic accident claim. As far as we are aware, this is the first time that the discounting system of the new Ogden tables (6th Edition) has been litigated and adjudicated upon.
In calculating the appropriate multiplier for future loss of earnings, the discount for contingencies other than mortality now encompasses an assessment based upon the degree of educational achievement of the Claimant plus a further discount if the Claimant was disabled in a way which affected his/her ability to work, prior to the index accident or event. The MIB argued that the Claimant was disabled by her morbid obesity prior to the index accident and that therefore her loss of future earnings multiplier should be discounted by a factor of 0.6. The judge found that the Claimant was not disabled as defined in the Ogden Tables notes and that the appropriate discount factor to reflect the contingencies other than mortality was 0.87. The total award, after an agreed deduction for contributory negligence, was just over £924k (including interest).
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