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PI Loss Quantum – Parry v Cleaver- a ‘twist’ to watch out for!

With a Personal Injury Earnings Loss claim where the claimant has an Ill-health Pension and is also able to continue working (and so has Actual Earnings) then be very careful how those Actual Earnings are calculated – there may be a significant  impact on lost earnings. When a claimant has an Ill-Health Pension, we know from Parry v Cleaver (1970) AC1 that this pension income is not to be deducted from their But For income prior to their Read more…

By Richard Formby, ago

Making the most of your quantum expert in complex PI cases

Forensic accountancy expert evidence is a valuable litigation tool which, once deployed in the cost-conscious litigation arena, has to be carefully managed in order to achieve maximum impact at a proportionate cost.  Good communication – guiding star Once a party has established breach and causation, quantum is everything, and so good communication with your quantum expert has to be a ‘guiding star’ for successful outcomes. Having carefully selected your quantum expert, obtained a realistic estimate of their likely Read more…

By Richard Formby, ago

Do the IR35 changes affect your client’s Personal Injury claim?

Off-payroll working – Big Change from 6 April 2021. If you have an Injury or Fatality claim involving someone who used a Limited Company structure for their business trade – then their loss quantum may be affected by taxation changes that come into place from 6 April 2021. The legislation applies to personal service companies also referred to as limited company contractors. These are workers who supply services to an end user via a limited company structure and are both a director of the Read more…

By Richard Formby, ago

A Guide to Expert Advice & White Labelling for Injury/Fatality Losses

Traditionally (well from the 1990’s) forensic accountants were used to present the trickier salary and profits losses for injured Claimants and fatality claims as Expert Witnesses. However, over ‘recent’ years – well around 10 in my experience, so not so recent! I have seen forensic accountants assisting litigators in an advisory capacity (as their agent) develop into a main core activity. This shift from Witness to Adviser is not because the complexities of financial losses have changed. The Read more…

By Richard Formby, ago