header-logo header-logo

14 September 2022 / Chris Deacon , Ronak Mahdavi Jovainy
Issue: 7994 / Categories: Features , Profession , Personal injury
printer mail-detail

Guernsey: trouble ahead for serious injury claimants?

93941
Under-compensation on the horizon: Chris Deacon & Ronak Mahdavi Jovainy outline the proposals for reform to personal injury damages in Guernsey & their likely impact on claimants
  • The impact of the suggested reforms to the personal injury discount rate in Guernsey, notably the cap on damages and proposed discount rates, would have a significant detrimental impact on personal injury claimants whose claims are subject to Guernsey law.
  • The implementation of periodical payments orders in Guernsey would reduce the likelihood of a claimant’s damages running out in their lifetime.

In April, the Guernsey Policy and Resources Committee released a consultation, ‘The Personal Injury Discount Rate and related matters, seeking views on the personal injury discount rate, a cap on damages, recovery of healthcare costs, and the implementation of periodical payment orders in Guernsey.

The proposed reforms would leave serious injury victims whose claims are subject to Guernsey law under-compensated, eroding the fundamental common law principle of full compensation. Stewarts highlighted in

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

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield—Tom McLaughlin

Boodle Hatfield welcomes new employment partner, Tom McLaughlin

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

Arc Pensions Law—Victoria Thompson-Hill, Jonathan Mason & Georgi Ivanov

National specialist pensions law firm strengthens team with three new appointments

Jurit—Christian Abletshauser

Jurit—Christian Abletshauser

Jurit appoints Christian Abletshauser to lead family law practice

NEWS
Burges Salmon appoints Benn Richards to strengthen Contentious Insolvency offering
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
back-to-top-scroll