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17 November 2017 / Julian Chamberlayne
Issue: 7770 / Categories: Features , Personal injury
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Full compensation & the discount rate (Pt 3)

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Julian Chamberlayne returns to question evidential lacunas & partisan conclusions

  • Government proposals relating to the discount rate are derived from an unpublished and small evidential base, and do not reflect the full range of claimant investor behaviours.

It is highly unlikely that the proposed legislation to implement changes to the personal injury discount rate will achieve the Government’s stated objective to ‘reflect actual investment behaviour and ensure claimants are compensated in full, neither more or less’. In the absence of a reliable, independent body of empirical evidence, it is questionable whether the first component of this objective can even be attempted. Even if there were such evidence, it would be overly simplistic and unfair to claimants to use the benchmark of investor behaviour as the sole measure of full compensation.

The Government asserts that the continuation of the current legal framework of a discount rate based on index-linked gilts (ILGS) would lead to claimants being ‘on average over-compensated’. This assertion appears to be premised on the views of the

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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