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17 May 2012 / Katherine Deal KC
Issue: 7514 / Categories: Features , Damages , Personal injury
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Where do we stand?

Katherine Deal assesses the current stance on discount rates

Scenario: a claimant aged 30 suffers a serious accident and loses his lower leg. He is 25% liable for the accident and does not want an order for periodical payments because no annual payment will compensate him for the actual expense to which he will be put in the future. He would rather take his chances in the market and invest a lump sum to provide him with sufficient return year on year. Nor is the defendant amenable to prolonging the case—it is quite happy to make a lump sum payment and close its file.
Our claimant’s care needs are costed at £20,000 per annum and will continue for life. Using the conventional discount rate of 2.5% and the 7th edition of the Ogden Tables, the multiplier will be 29.60, which will result in an award for him reflecting his contributory negligence of £444,000. But a discount rate of 0.5% would give a multiplier of 48.68, and a total award of £730,200. Should

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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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