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15 December 2017 / Julian Chamberlayne
Issue: 7774 / Categories: Features , Personal injury
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Full compensation & the discount rate: revisited

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Julian Chamberlayne reviews the Justice Committee’s report on the discount rate

The Justice Committee acknowledges early in its recent report, issued as part of its inquiry into draft legislation related to the personal injury discount rate that ‘a negative discount rate was counterintuitive because it requires that a sum paid now will be worth less in the future. It is usually the other way around: people would ordinarily expect to earn a positive return on the sum received,` (see Pre-legislative scrutiny: draft personal injury discount rate clause , 30 November 2017).

This quote reminded me of Daniel Kahneman’s seminal work, Thinking, Fast and Slow . Kahneman observed that our initial reactions are frequently directly contrary to what careful analysis of statistics and evidence would lead you to. The Justice Committee quite rightly flagged the danger of thinking too fast on this issue commenting: `The evidence currently presented by the Government concerning claimant investor behaviour is thin`. Sensibly, the committee has called on the Government to clarify its aims, gather proper evidence

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

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Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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