Claims for loss of earnings/capacity: uncertainties and chances!

Thanks to the NLJ for publishing my letter last week (attached).

LETTER TO THE EDITOR

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I was responding to a really interesting article considering the court's approach to uncertainty and whether to compute a claim for loss of earning capacity using the Ogden methodology, or whether to make a 'general damages' (Blamire) award, and also how the court approaches assessment of losses of chance, all in the context of our Mathieu v Hinds/Aviva case last year. I hope my letter helps to clarify certain aspects of those issues and the case itself.