Annals of Actuarial Science
- Annals of Actuarial Science / Volume 6 / Issue 01 / March 2012, pp 5-22
- Copyright © Institute and Faculty of Actuaries 2011
- DOI: http://dx.doi.org/10.1017/S1748499511000285 (About DOI), Published online: 31 August 2011
Papers
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
H.L.M. du Plessis c1
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.
(Online publication August 31 2011)
Keywords
- Quantum of damages;
- future pecuniary loss;
- expert actuarial evidence;
- expert testimony;
- expert evidence;
- damages for future loss of earnings;
- damages for future pecuniary losses;
- multiplier-multiplicand method
Correspondence:
c1 Contact Details H.L.M. du Plessis, Department of Insurance and Actuarial Science, University of Pretoria, Lynnwood Road, Pretoria, 0002. Tel: (+27)12 420 4072. Fax: (+27)12 362 5273. E-mail: rinus.duplessis@up.ac.za
