Rupert Macey-Dare

This paper proposes and analyses the following theorem: For every total actual loss caused to a claimant with given probabilities by a single unidentified member of a defined group, there is a corresponding total expected loss, divisible and separable into discrete component expected sub-losses, each individually "caused" by a corresponding specific member of that defined group. Moreover, for every total estimated loss caused to a claimant in the past or present or prospectively in the future with estimable probabilities by one or more unidentified members or causal agents from a defined group, the same result holds. The theorem is applied to Mesothelioma compensation claims. It provides a new justification for the proportional apportionment rule in Barker v Corus 2006 and an explanation of some paradoxical consequences of the rule and of the rule's overall fairness.

This paper proposes and analyses the following theorem: Every legal claim or award that includes interest rate adjustment also incorporates an implicit head of loss or counterclaim for the expected opportunity cost or time value of the underlying claim amount. This expected opportunity cost satisfies no-arbitrage when compared with the parallel interest rate market. The inflation and discounting of nominal damage awards forwards and backwards in time and the relationship between indemnity interest rates and equity are all examined.