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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

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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