The divergent approaches of English and South African courts, when considering actuarial expert testimony in the matter of an award for damages for future loss of earnings after a damage-causing event
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Date
Authors
Du Plessis, Hendrik Lourens Marthinus
Journal Title
Journal ISSN
Volume Title
Publisher
Cambridge University Press
Abstract
This paper analyses the driving forces behind the willingness of South African courts to hear
actuarial expert testimony in even the most simple of cases, in contrast to the more circumspect
approach of the English courts, when assessing the damages arising out of future loss of earnings
following a damage-causing incident. The analysis may well add insight to members of other
professions and scientific communities that provide expert testimony to the courts. It is argued that
English substantive law of damages and those influenced by its application have something to gain
from a consideration of the approach in South Africa.
Description
Keywords
Quantum of damages, Future pecuniary loss, Expert actuarial evidence, Expert testimony, Damages for future loss of earnings, Damages for future pecuniary losses, Multiplier-multiplicand method
Sustainable Development Goals
Citation
Du Plessis, HLM 2011, 'The divergent approaches of English and South African courts, when considering actuarial expert testimony in the matter of an award for damages for future loss of earnings after a damage-causing event', Annals of Actuarial Science, vol. 6, no. 1, pp. 5-22.