header-logo header-logo

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

Putting the new discount rate to the test

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

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