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25 July 2019 / Julian Chamberlayne
Issue: 7850 / Categories: Opinion , Personal injury , Damages
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Time to stop the negativity about the discount rate

After three Lord Chancellors & a wait of more than two years, we have a new (& fairer) discount rate, says Julian Chamberlayne

On 15 July 2019, David Gauke, the latest in a lengthening list of former Lord Chancellors, set a new discount rate of -0.25%, coming into force on 5 August 2019. This should end more than two years of uncertainty that has stalled the resolution of many serious injury claims. However, in doing so, he has left many in the insurance industry acting like they did not get the birthday present they had been promised.

Huw Evans of the Association of British Insurers was so outraged last week he wrote to the Lord Chancellor to complain that the government’s impact assessment failed to reflect that the -0.75% rate was ‘not widely adopted’. He ignored the fact that since the -0.75% rate came into force it has been the only rate used by courts. In that respect, it has been wholly adopted. No doubt, countless ‘door

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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