header-logo header-logo

04 December 2024
Issue: 8097 / Categories: Legal News , Personal injury , Damages , Compensation
printer mail-detail

Discount rate reset cuts long-term lump sum damages

The Lord Chancellor Shabana Mahmood has raised the personal injury discount rate (PIDR)—used by the courts to calculate lump sum awards for long-term injuries—from -0.25% to 0.5%.

The change, announced this week, is effective from 11 January 2025, and matches rates set in Northern Ireland and Scotland.

While the independent expert panel advising the Lord Chancellor recommended a rate between 0.5% and 1%, Mahmood considered ‘the likelihood of under-compensation with all rates above 0.5% to be too high’.

At 0.5%, ‘the three core claimants modelled will have, at least, an approximately 55% chance of receiving full compensation or more,’ she said, in her statement of reasons for the change.

‘They also each have no more than a 25% chance of significant under-compensation. At this rate, no core claimant is more likely to be undercompensated than over-compensated, which I consider an appropriate outcome.’

According to the Medical Defence Union (MDU), the change could save the NHS millions of pounds in compensation payments.

David Pranklin, MDU head of claims, said: ‘In recent years, changes in the PIDR have led to a huge increase in the cost of clinical negligence claims.

‘This has had serious implications for the NHS, and for MDU members who have been shouldered with the increased costs. This change will provide some relief in the current difficult medico-legal climate.’

However, Gordon Dalyell, treasurer of the Association of Personal Injury Lawyers, said: ‘Even under the current rate of -0.25 per cent, we know that a third of people with life-changing injuries will not meet the costs of their necessary care and support.

‘Any increase in the discount rate makes it more likely that more injured people will be undercompensated. People with catastrophic injuries are particularly susceptible to the rising costs of living we’re seeing across the board, which includes increases to carer wages and the cost of specialist aids and equipment.’

Issue: 8097 / Categories: Legal News , Personal injury , Damages , Compensation
printer mail-details

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
back-to-top-scroll