EWHC 1962 (QB)
The claimant was an ex footballer who was injured in a negligent tackle. Liability had been admitted and the matter was before Smith J. The claimant had amassed a great deal of evidence as to his prospects in the game and direct evidence was heard from the Manchester United Manager, Sir Alex Ferguson and the current Manchester United Captain, Gary Neville. The court was impressed with the claimant’s evidence as to his future chances of playing professional football at a high level and future loss of earnings were awarded of £3.8m. The court declined to make any award for the possibility that the claimant would have gone on to earn a living post his playing career as a football manager on the grounds that this was too speculative. It was interesting to note that whilst the court did discount the loss of earnings for contingencies other than mortality they did so by applying a reduction of 15% presumably on the basis the factors suggested by the Ogden tables (disability, education and educational attainment) were not considered applicable on the facts. This is a recent example of the courts being prepared to view each case on its own facts and not being bound to follow the recommendations for contingencies as set out in the 6th edition of the Ogden tables.