Ogden 6: are the tables in tatters? Brent McDonald reports
Tables A–D of the 6th Edition of the Odgen Tables contain factors to discount awards or future loss of earnings to reflect contingencies other than mortality.
The explanatory notes to the 6th edition state that different factors should be used as the starting point in computing the residual earning capacity of those who are disabled. Tables B and D apply if the claimant is disabled, otherwise tables A and C apply. The definition of disabled is the same as that under the Disability Discrimination Act 1995. The difference between tables can be dramatic. Applying table C, an employed female of 54 with a low skill level is expected to work for 82% of her remaining career. This drops to 57% if she becomes disabled and table D is applied.
Judicial adjustment
Conner v Bradman [2007] EWHC 2789 (QB), [2007] All ER (D) 495 (Nov) was the first case on Ogden VI to reach the law reports. Despite holding that Mr Conner was disabled, his residual capacity was adjusted upwards by some 23% higher than the
