Counsel for respondent: Christopher Purchas QC, Mathias Kelly
Solicitors for respondent: Russell Jones & Walker
Question raised whether judges in each case were entitled to depart from the well-established, conventional approach of awarding a multiplier consistent with return of 4 to 5 per cent per annum on the capital sum and to fix multiplier by reference to return on Index Linked Government Securities (ILGS) at 3 per cent per annum which resulted in significantly higher multiplier. Adoption of ILGS yardstick followed recommendations of the Ogden Working Party (2nd edition November 1993) and of Law Commission Report 224 (September 1994). Departure from conventional guidelines said to have thrown the law on this point into the melting pot. Held by court that conventional approach should have been adopted in each case with consequent reductions in damages awards.