header-logo header-logo

07 February 2025
Issue: 8103 / Categories: Legal News , Personal injury , Damages
printer mail-detail

NLJ this week: Challenging the personal injury discount rate?

207250
The personal injury discount rate was increased to 0.5% in January, based for the first time on a detailed report by an expert panel. In this week’s NLJ, Julian Chamberlayne wonders whether the decision-making is vulnerable to challenge by judicial review, and uncovers a multitude of weak spots. 

Chamberlayne, partner at Stewarts and chair of the Forum of Complex Injury Solicitors, sets out his preliminary analysis. For example, assumptions made around earnings inflation and the risk profiles of assumed investment portfolios could be challenged. 

Chamberlayne writes: ‘There is no justification for not modelling the reality of de-risking investment portfolios over time.’ He notes: ‘I also question the evidence that led to the assumption that the highest value claims have the longest duration of future losses. In my experience, the vast majority of multi-million-pound injury claims involve impaired life expectancy, or are fatal accident claims with the main loss period relating to retirement age.’ 

MOVERS & SHAKERS

Dawson Cornwell—Russell Bywater

Dawson Cornwell—Russell Bywater

Family law firm appoints new managing partner and head of matrimonial department

Forbes Solicitors—Katy Parkinson & Paul Hatton

Forbes Solicitors—Katy Parkinson & Paul Hatton

Employment and commercial offering strengthened by double hire

Birketts—Duncan Reed

Birketts—Duncan Reed

Regulatory and corporate defence team expands with Bristol partner hire

NEWS
Sophie Charlton of Vardags in London has been announced as the latest winner of AlphaBiolabs’ Giving Back initiative, with her nomination directing a donation to Reunite International
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
back-to-top-scroll