Under-compensation on the horizon: Chris Deacon & Ronak Mahdavi Jovainy outline the proposals for reform to personal injury damages in Guernsey & their likely impact on claimants
- The impact of the suggested reforms to the personal injury discount rate in Guernsey, notably the cap on damages and proposed discount rates, would have a significant detrimental impact on personal injury claimants whose claims are subject to Guernsey law.
- The implementation of periodical payments orders in Guernsey would reduce the likelihood of a claimant’s damages running out in their lifetime.
In April, the Guernsey Policy and Resources Committee released a consultation, ‘The Personal Injury Discount Rate and related matters’, seeking views on the personal injury discount rate, a cap on damages, recovery of healthcare costs, and the implementation of periodical payment orders in Guernsey.
The proposed reforms would leave serious injury victims whose claims are subject to Guernsey law under-compensated, eroding the fundamental common law principle of full compensation. Stewarts highlighted in its response that the proposed reforms would likely see a claimant’s
