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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

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

Fieldfisher partner appointed president as LSLA marks milestone year

Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

Foot Anstey—five promotions

Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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