header-logo header-logo

The right rate for catastrophic injury victims

20 July 2018 / Mark Holt
Categories: Features , Damages , Personal injury
printer mail-detail

Mark Holt looks at the turbulent history of the Ogden Discount Rate & calls for clarity

  • History of the Ogden Discount Rate.
  • Argues different rates should be used for different life expectation categories of victim.

The future for personal injury and clinical negligence solicitors and their injured clients remains uncertain as the debate surrounding the Ogden Discount Rate continues. 

The Ogden Discount Rate is used to calculate the size of the lump sum damages payments in a personal injury claim. It is an assumption on the amount of interest or investment return that can be expected on money that is invested. Essentially, the higher the discount rate, the lower the lump sum and vice versa.

When someone suffers a catastrophic injury, whether in a road accident, through medical negligence or at work, they are entitled to damages to help them adapt to their new life.

Reactions to change

There has been much publicity, by many authors, around the history of the discount rate and the factors, and the impact

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

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Chronic delays, duplication of work, cancelled hearings and inefficiencies in the family law courts are letting children and victims of domestic abuse down, a Public Accounts Committee (PAC) inquiry has found
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
back-to-top-scroll