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13 April 2018 / Julian Chamberlayne
Issue: 7788 / Categories: Features , Personal injury
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Time to settle?

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The discount rate: where have we got to & where are we going? Julian Chamberlayne

The Justice Select Committee is to be congratulated for causing the government to think more carefully about its proposed reforms to the discount rate. As a consequence we now have a commitment to call for more evidence, for further research and analysis by the Government Actuary Department (GAD) and to involve the expert panel at the first review, not just three years down the line. At the same time the Lord Chancellor is now committed to providing a far fuller explanation of the reasons for setting any new rate(s), including publishing the experts’ report and impact assessments. To ensure these commitments are not forgotten Schedule A1 to the Civil Liability Bill requires careful scrutiny and amendment, as for instance, it only requires publication of such information as the Lord Chancellor thinks appropriate.

We also have a clearer commitment for the review to consider differential rates, which ought to lead to lower rates for earnings-related heads of loss. Post Thompstone v Tameside

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MOVERS & SHAKERS

Thackray Williams—Lucy Zhu

Thackray Williams—Lucy Zhu

Dual-qualified partner joins as head of commercial property department

Morgan Lewis—David A. McManus

Morgan Lewis—David A. McManus

Firm announces appointment of next chair

Burges Salmon—Rebecca Wilsker

Burges Salmon—Rebecca Wilsker

Director joins corporate team from the US

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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