header-logo header-logo

03 October 2019 / Julian Chamberlayne
Issue: 7859 / Categories: Features , Personal injury , Insurance / reinsurance , Damages
printer mail-detail

Scotland & the new discount rate regime

What are the key differences between the approaches to setting the discount rate in Scotland & in England and Wales? Julian Chamberlayne explains

On 27 September 2019, the government actuary, Martin Clarke, published his review and determination of the personal injury (PI) discount rate in Scotland. His decision is for no change, sticking to the -0.75% discount rate even though the methodology for setting the rate has changed. He comments that had he been applying the former methodology under the Damages Act 1996, in line with the approach set down by the House of Lords in Wells v Wells [1999] AC 345, [1998] All ER (D) 352, then the discount rate would now be either -1.5% or -2%.

The new methodology for calculating the PI discount rate in Scotland is set out in the Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019 (the Act), which received royal assent on 24 April 2019. Not only was this a departure from the Wells v Wells approach,

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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll