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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

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

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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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