Earlier this week, the Supreme Court gave permission to the Claimant to appeal on the issue of the appropriate date for the assessment of the multiplier for future loss in a fatal claim. The Claimant, represented by Harry Steinberg and Niall Maclean of 12kbw, had argued at trial that the multiplier should be assessed as at the date of trial, in accordance with the recommendation of the Law Commission, rather than as at the date of death, in accordance with current convention and authority.
The trial judge (Bean J – as he then was) held that he was bound by Cookson v Knowles [1979] AC 556 to calculate the multiplier as at the date of death, but stated that he would have done otherwise if that path had been open to him. Accordingly, the judge gave the Claimant a ‘leapfrog’ certificate to apply for permission to appeal directly to the Supreme Court.
For more information about the case please click here
