Ogden 8 and Smith v Manchester Awards

I have recently drafted two articles regarding Smith v Manchester awards.  Firstly in what circumstances they may be appropriate, as opposed to using a multiplier and multiplicand approach.  In the Second article I considered guidance as to how to value such a claim. However, with the even more recent publication of the Ogden 8 tables, do those concepts still stand?

What Ogden 8 says about Smith v Manchester

The guidance for the tables has been re-written since Ogden 7.

Paragraph 59 (page 24) sets out that using the multiplier/ multiplicand approach, together with taking account of any changes in tables A – D will:

“… in the majority of cases enable a more accurate assessment to be made of the mitigation of loss. However, there may be some cases when the Smith v Manchester or Blamire approach remains applicable or otherwise where a precise mathematical approach is inapplicable (29). For example, there may be no real alternative to a Smith v Manchester or Blamire award where there is insufficient evidence or too many imponderables for the judge to be able to make the findings necessary to support the conventional multiplicand/multiplier approach (30).”

Reference (29) is to Billett v MOD [2015] EWCA Civ 773; [2016] PIQR Q1 at para 99; and Ward v Allies and Morrison Architects [2012] EWCA Civ 1287; [2013] PIQR Q1 

Reference (30) is to Irani v Duchon [2019] EWCA Civ 1846, per Hamblen LJ at para 22.

Further, at paragraph 98 (6) (page 35) of the Ogden 8 guidance, it sets out that where a multiplier and multiplicand approach is undertaken, and the differences in pre and post-injury employment and disability status (tables A – D) are taken into account in the calculations, then no further separate Smith v Manchester award is usually necessary.

However, it also set out in the same paragraph that:

“there may still be cases where a Smith v Manchester award is appropriate”.


It appears that there is no change significant change from Ogden 7 to Ogden 8 as to regards Smith v Manchester awards. There remain circumstances when departing from the ‘normal’ multiplier/ multiplicand approach and so using Blamire and Smith v Manchester awards may be more appropriate.

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