header-logo header-logo

Putting the new discount rate to the test

07 February 2025 / Julian Chamberlayne
Issue: 8103 / Categories: Features , Personal injury , Damages
printer mail-detail
207250
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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll