header-logo header-logo

13 October 2017 / Julian Chamberlayne
Issue: 7765 / Categories: Features , Personal injury
printer mail-detail

Full compensation & the discount rate (Pt 2)

nlj_7765_chamberlayne

Julian Chamberlayne discusses the factors that need to be considered when setting the new discount rate

 

  • Longevity, prices and earnings inflation all compound the investment risk that claimants face under the MoJ’s planned change to setting the discount rate.

On 7 September 2017, the Lord Chancellor, David Liddington, laid draft legislation before Parliament incorporating a proposed new methodology for setting the discount rate by which future losses for those with long-term injuries will be compensated. In the first of this two-part series I considered what proportion of seriously injured claimants should we as a society be prepared to accept will be under compensated while still claiming to maintain a framework of laws that provide for 100% compensation. Here, I look at some of the key factors beyond investment risk that ought to be considered by the Lord Chancellor when setting the new rate.

The Ministry of Justice’s (MoJ’s) new methodology is said to be based on how claimants actually invest, derived from evidence gathered during the consultation.

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Ward Hadaway—19 promotions

Ward Hadaway—19 promotions

19 promotions across national offices, including two new partners

Brabners—Ruth Hargreaves

Brabners—Ruth Hargreaves

Partner promoted to head of corporate team

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Slater Heelis—Liam Hall, Jordan Bear & Joe Madigan

Chester office expansion accelerates with triple appointment

NEWS
The Court of Appeal’s decision in Mazur v Charles Russell Speechlys has reignited debate over what exactly counts as the ‘conduct of litigation’ in modern legal practice
A controversial High Court financial remedies ruling has reignited debate over secrecy, non-disclosure and fairness in divorce proceedings involving hidden wealth
Britain’s deferred prosecution agreement regime is undergoing a significant shift, with prosecutors placing renewed emphasis on corporate cooperation, reform and early self-reporting
The High Court has upheld the Metropolitan Police’s live facial recognition policy, rejecting claims that its deployment unlawfully interferes with privacy and protest rights
As AI chatbots increasingly provide legal and commercial advice, English law is beginning to confront who should bear responsibility when automated systems get things wrong
back-to-top-scroll