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The Actuary In Damages Cases—Expert Witness or Court Astrologer?

Published online by Cambridge University Press:  11 August 2014

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Extract

This paper takes its title from the recent judgment of the Court of Appeal in Auty and Others v National Coal Board (1984). Lord Justice Oliver stated that, “as a method of providing a reliable guide to individual behaviour patterns or to future economic and political events, the predictions of an actuary could be only a little more likely to be accurate (and would almost certainly be less entertaining) than those of an astrologer”.

The above statement was referred to by Stewart Lyon, immediate past President of the Institute of Actuaries, in his review of the Session 1983–84 at the Institute's Annual General Meeting in June 1984. Although the quoted passage had received all the publicity, he was more concerned with the judgment in the same case given by Lord Justice Waller who erroneously stated that the expectation of life was an average and assumed that everybody lived to that age and then died. Mr Lyon concluded his remarks on the subject by stating that the Appeal Court's handling of the Auty case raised the general question of whether the actuarial profession needs to adopt a more active approach to public relations.

Type
Research Article
Copyright
Copyright © Institute of Actuaries Students' Society 1986

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References

Prevett, J. H. (1968) ‘Actuarial Assessment of DamagesJ.I.A., 94, 293.Google Scholar
Kemp, D. A. McI. (1975) ‘Kemp & Kemp: The Quantum of Damages’ (4th Edition), Sweet & Maxwell.Google Scholar
Kemp, D. A. McI. ‘The Assessment of Damages for Future Pecuniary Loss in Personal Injury Claims’ Stop-Press Supplement (February 1984) to the above.Google Scholar
McGregor, Harvey (1972) ‘McGregor on Damages’ (13th Edition), Sweet & Maxwell.Google Scholar
Street, Harry (1962) ‘Principles of the Law of DamagesSweet & Maxwell.Google Scholar
Kemp, D.A. McI (ed.) (1983) ‘Damages for Personal Injury and DeathOyez Publishing.Google Scholar
Mead, Malcolm (1983) ‘Unfair Dismissal HandbookOyez Longman.Google Scholar
Denning, Lord (1982) ‘What Next in the LawButterworths.Google Scholar
Evans, D.E. and Stanton, K.M. (1984) ‘Valuing the Lost YearsNew Law Journal, 8th June p. 515 and 22nd June p. 553.Google Scholar
Wylie, O.P. and McGlyne, J. E. (1978) ‘Taxation, Damages and Compensation for Unfair DismissalNew Law Journal, 8th June, p. 550.Google Scholar
Ballantine, D. Grant Government Actuary's Department, (1980) ‘Assessing Loss of Occupational Pension Scheme RightsPensions World p. 441.Google Scholar
Report on Personal Injury Litigation— Assessment of Damages, Law Commission No. 56 (1973).Google Scholar
Actuarial Tables with explanatory notes for use in Personal Injury and Fatal Accident Cases (H.M.S.O.) (1984).Google Scholar
Royal Commission on Civil Liability and Compensation for Personal Injury (the Pearson Report) (Cmnd 7054-I) (H.M.S.O.) (1978).Google Scholar
Bennett, Charles (1985) ‘Section 4 of the Fatal Accidents Act 1976 and widow's pensionsLitigation, 4, No. 6, 230.Google Scholar