header-logo header-logo

17 July 2019
Issue: 7849 / Categories: Legal News , Personal injury , Insurance / reinsurance
printer mail-detail

Discount rate change delights & dismays

The personal injury discount rate has been changed, delighting claimant lawyers but prompting insurance lawyers to express concern about the cost to public bodies

The new rate of -0.25%, announced by the Lord Chancellor David Gauke this week, is effective from 5 August 2019. The discount rate is used to calculate the large lump sum compensation awarded to victims of life-changing injuries, and reflects the interest they can expect to earn on investments.

The decision to change the current rate of - 0.75% follows a Call to Evidence launched by the Ministry of Justice in December 2018. The rate was lowered from 2.5% in 2017, leading to concerns defendants, particularly the NHS, were having to pay out too much money.

According to the Ministry, a 30-year-old male with annual financial costs of £50,000 would receive £2.9355m under the current rate, and £2.56525m under the new rate, a difference of £370,250.

Lord Chancellor Gauke said: ‘It is vital victims of life-changing injuries receive the correct compensation―I am certain this is the most balanced and fair approach following an extensive consultation.’

Jonathan Wheeler, managing partner at Bolt Burdon Kemp, said the government had ‘resisted insurers’ calls for the most seriously injured to make risky investments to maintain or “top up” their damages.’

However, Tony Cawley, Clyde & Co partner and member of the Forum of Insurance Lawyers (FOIL), said: ‘It is very disappointing that the numerous representations made by FOIL and the insurance industry have failed to be taken into consideration.

‘Although the Lord Chancellor refers to the new statutory test in the announcement, FOIL does not believe that the new rate reflects how claimants actually invest their damages. [This] new confirmed rate will be particularly concerning to the insurance market generally but also to many public bodies.’

Insurance firm Kennedys partners Mark Burton and Christopher Malla said: ‘The Ministry of Justice had previously signalled a likely outcome of between 0% and 1%.

‘In practice, serious injury cases have been settling at levels based on a positive rate coming into force. The announcement of a negative rate is therefore surprising.’ 

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll