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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  • Government proposals relating to the discount rate are derived from an unpublished and small evidential base, and do not reflect the full range of claimant investor behaviours.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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NEWS
Personal injury lawyers have welcomed a government U-turn on a ‘substantial prejudice’ defence that risked enabling defendants in child sexual abuse civil cases to have proceedings against them dropped
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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