Has Ogden 6 led to the demise of judicial discretion?
In short, ‘no’. Judicial discretion to adjust the working life multiplier in light of the evidence (sometimes unfairly characterised as the judge ‘sticking his finger in the air’) lives on. In the explanatory notes, the Working Party acknowledges the limitations of the Ogden 6 methodology and does not recommend slavish adherence to its suggested approach. Note the comments at paragraphs 31 and 32 of the explanatory notes: ‘If this methodology is followed, in many cases it will be appropriate to increase or reduce the discount in the tables to take account of the nature of a particular claimant’s disabilities.’ And ‘The suggestions which follow are intended as a ‘ready reckoner’ which provides an initial adjustment to the multipliers according to the employment status, disability status and educational attainment of the claimant…Such a ready reckoner cannot take into account all circumstances and it may be appropriate to argue for higher or lower adjustments in particular cases.’ Simila
