Actuarial tables for use in personal injury and fatal accident cases (the Ogden tables) are prepared by a multi-disciplinary group of actuaries (including the Government Actuary), lawyers, accountants and insurers, chaired by Robin de Wilde, QC. The tables provide an aid for those assessing the lump sum appropriate as compensation for a continuing future pecuniary loss or consequential expense, such as care costs, in personal injury and fatal accident cases.
The tables are prepared by the Government Actuary's Department.
The first edition appeared in 1984; the latest (sixth) edition was published on 3 May 2007.
The tables
The tables provide factors known as multipliers which are used to assess the present capital values of future annual losses or expenses. The multipliers are based on projected future mortality rates from the 2004-based national population projections for the United Kingdom. As well as providing tables of multipliers, the publication provides explanatory notes as to how the tables should be used.
Background
The Civil Evidence Act 1995 provided for the admissibility in evidence of these actuarial tables for the purposes of assessing, in an action for personal injury, the sum to be awarded as general damages for recurring loss.
In deciding Wells v Wells in July 1999, the House of Lords endorsed the use of the Ogden Tables.
Following a recommendation of the Law Commission, the multi-disciplinary working party then turned its attention to the development of guidance to the courts which it is believed will lead to much fairer and sounder awards in fatal accident cases. The new tables provide detailed guidance on how the courts should assess awards for damages in fatal accident cases. The methods described in the tables are intended to offer a reasonable balance between accuracy and simplicity of application.
The sixth edition of the tables
The sixth edition puts forward a new methodology, based on the results of recent research by City University, London and Cardiff University, for assessing appropriate deductions to be made to the working life multiplier for dealing with contingencies other than mortality, including the assessment of a claimant’s residual earning capacity after an accident. The sixth edition also provides guidance for dealing with variable future losses or expenses.
In addition to the above, the mortality rates used in calculating the tables have been updated to those underlying the latest set of national population projections (the 2004-based) for the United Kingdom.
Rate of return
The Damages Act 1996 provided for the Lord Chancellor, after consulting the Government Actuary and HM Treasury, to prescribe the rate of return to be used for assessing the amount of damages in respect of future recurring loss in an action for personal injury.
In July 2001, following such a consultation exercise, the Lord Chancellor set the rate of return to be used in such cases to be 2.5% a year. This continues to be the prescribed rate.
Download the tables
Copies of the tables are also available from The Stationery Office (ISBN 9-78-011560125-5, price £18).
Previous editions:
Contact us
If you have any queries on the above, please email enquiries@gad.gov.uk, or phone +44 (0)20 7211 2635.