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07 February 2025
Issue: 8103 / Categories: Legal News , Personal injury , Damages
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NLJ this week: Challenging the personal injury discount rate?

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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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