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13 September 2023
Issue: 8040 / Categories: Legal News , Personal injury , Damages , Compensation
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Personal injury discount rate: single, dual or multiple?

The Ministry of Justice (MoJ) has said that it will not be recommending a policy position or deciding on whether a dual/multiple PIDR should be introduced at this time.

The discount rate is used to calculate long-term compensation for serious injury victims. The MoJ this week published its response to a call for evidence on the rate, and will feed its summary of views received to an independent expert panel advising the Lord Chancellor on next steps. The next review of the discount rate must take place by July 2024.

Christopher Malla, partner at Kennedys, said that if the panel recommended change, his firm’s ‘preference would be for a dual rather than a more complex multiple rate.

‘Practitioners could apply it themselves, rather than having to instruct actuaries or economists as is the case in some of the other jurisdictions where we operate, namely Ireland and Hong Kong. It must be a simple system to allow practitioners to calculate to avoid an increase in legal costs.’

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
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