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The then-Lord Chancellor’s announcement on 27 February 2017, to reduce the discount rate from 2.5% to minus 0.75%, surprised those representing both claimants and defendants and has led to overcompensation in many cases. Fortunately, the Civil Liability Act 2018, which reforms how the discount rate is set, received Royal Assent on 20 December 2018, and should restore fairer compensation levels.
A roundup of recent court decisions raising issues in relation to childhood abuse trials, unidentified drivers, an EL claim following a terrorist attack, the ability to adduce evidence in relation to life expectancy and concerns over the security of periodical payments against the backdrop of Brexit.
Case review 02/28/2019
The question whether periodical payments by a 'passported' insurer are ‘reasonably secure’ pending the unknown future outcome of Brexit was considered in a recent case. The parties were agreed that the answer was in the affirmative, but the court had to satisfy itself when approving the settlement.
We are pleased to announce that KLAiM, our ground-breaking virtual defence lawyer that allows clients to take more control over litigation, is being rolled out internationally and also to new lines.
Late on 18 December 2018 the Scottish Parliament passed stage 1 of the Damages (Investment Returns and Periodical Payments) (Scotland) Bill (the Bill) in Holyrood.
The Civil Liability Bill passed the Lords without amendment on 20 November 2018 and will become law as soon as it is granted Royal Assent.
A summary of key developments, including an update on the Civil Liability Bill, Jersey draft legislation on the discount rate, the Scottish civil justice reforms, and the video hearings pilot.
Seriously injured claimants often find themselves in a position where their current property is no longer suitable for their needs. More space is needed to facilitate extensive aids and equipment, or rooms for resident carers.
Case review 11/13/2018
The Court of Appeal confirmed that a successful defendant can enforce an order for costs out of sums payable to the claimant by way of an order for damages made against a different defendant.
On 24 October 2018, the Chief Minister of the States of Jersey lodged the Draft Law, which deals with damages in high value injury claims, following concerns about the discount rate and periodical payment orders arising from an ongoing abuse case.