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07 February 2025 / Julian Chamberlayne
Issue: 8103 / Categories: Features , Personal injury , Damages
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Putting the new discount rate to the test

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Julian Chamberlayne reviews the new personal injury discount rate & highlights some potential weak spots
  • The personal injury discount rate has increased from -0.25% to +0.5%. For the first time, the rate was decided with reliance on a detailed report from an expert panel.
  • Certain elements of the decision-making could be vulnerable to challenge by judicial review, including the assumptions made around earnings inflation and the risk profiles of assumed investment portfolios.
  • It is also questionable whether the decision-making in setting the rate is truly consistent with the ‘full compensation’ principle.

On 11 January 2025, the personal injury discount rate (PIDR) for England and Wales increased from -0.25% to +0.5%. This was the first occasion on which this rate was set under the Civil Liability Act 2018 (CLA 2018) with reliance on a detailed report from an expert panel, who themselves were informed by an appended analytical report from the Government Actuary’s Department (GAD) and by economic scenario generator (ESG) modelling understood to have been

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

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The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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