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)
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: email@example.com