The call for evidence
The bulk of the call for evidence was directed at financial advisers and investment managers in an attempt to ascertain claimant investment behaviour. This is to inform the lord chancellor’s decision-making because under s 4(5) of the Civil Liability Act 2018 (CLA 2018) he must have regard to actual returns available, actual investments made by investors of damages, and make appropriate allowances for tax, inflation and investment management costs.
On behalf of Forum of Complex Injury Solicitors (FOCIS), I submitted a detailed response to address several misconceptions in the call for evidence and to provide data on the cost of investment advice incurred