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07 February 2025
Issue: 8103 / Categories: Legal News , Personal injury , Damages
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NLJ this week: Challenging the personal injury discount rate?

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The personal injury discount rate was increased to 0.5% in January, based for the first time on a detailed report by an expert panel. In this week’s NLJ, Julian Chamberlayne wonders whether the decision-making is vulnerable to challenge by judicial review, and uncovers a multitude of weak spots. 

Chamberlayne, partner at Stewarts and chair of the Forum of Complex Injury Solicitors, sets out his preliminary analysis. For example, assumptions made around earnings inflation and the risk profiles of assumed investment portfolios could be challenged. 

Chamberlayne writes: ‘There is no justification for not modelling the reality of de-risking investment portfolios over time.’ He notes: ‘I also question the evidence that led to the assumption that the highest value claims have the longest duration of future losses. In my experience, the vast majority of multi-million-pound injury claims involve impaired life expectancy, or are fatal accident claims with the main loss period relating to retirement age.’ 

MOVERS & SHAKERS

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Pro bono is celebrating a silver anniversary, with initiatives putting businesses and students at the heart of access to justice
Choosing the wrong expert can cost a clinical negligence claimant more than their case
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
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