*/
The Lord Chancellor announced that the discount rate applied to personal injury compensation payments will fall from 2.5% to 0.75%.
The rate determines how much payments are adjusted by to reflect the interest claimants can expect to earn by investing them. The percentage is linked in law to returns on the lowest risk investments, typically index-linked gilts.
Liz Truss said the change reflected the significant fall in interest rates since the rate was last set in 2001.
The Ministry of Justice said the law makes clear claimants must be treated as risk averse investors, reflecting the fact that they are financially dependent on this lump sum, often for long periods or their life.
Compensation awards using the rate should put the claimant in the same financial position had they not been injured, including loss of future earnings and care costs.
Truss said: ‘The law is absolutely clear – as Lord Chancellor, I must make sure the right rate is set to compensate claimants. I am clear that this is the only legally acceptable rate I can set.’
Claimant lawyers welcomed the move that will give victims greater sums. But Truss warned it will have a significant impact on the insurance industry and a knock-on effect on public services with large personal injury liabilities – particularly the NHS.
Insurers reacted by seeking an urgent meeting with the Chancellor of the Exchequer, Philip Hammond, to ask him to intervene and reverse the change.
The Lord Chancellor announced that the discount rate applied to personal injury compensation payments will fall from 2.5% to 0.75%.
The rate determines how much payments are adjusted by to reflect the interest claimants can expect to earn by investing them. The percentage is linked in law to returns on the lowest risk investments, typically index-linked gilts.
Liz Truss said the change reflected the significant fall in interest rates since the rate was last set in 2001.
The Ministry of Justice said the law makes clear claimants must be treated as risk averse investors, reflecting the fact that they are financially dependent on this lump sum, often for long periods or their life.
Compensation awards using the rate should put the claimant in the same financial position had they not been injured, including loss of future earnings and care costs.
Truss said: ‘The law is absolutely clear – as Lord Chancellor, I must make sure the right rate is set to compensate claimants. I am clear that this is the only legally acceptable rate I can set.’
Claimant lawyers welcomed the move that will give victims greater sums. But Truss warned it will have a significant impact on the insurance industry and a knock-on effect on public services with large personal injury liabilities – particularly the NHS.
Insurers reacted by seeking an urgent meeting with the Chancellor of the Exchequer, Philip Hammond, to ask him to intervene and reverse the change.
Our call for sufficient resources for the justice system and for the Bar to scrutinise the BSB’s latest consultation
Marie Law, Head of Toxicology at AlphaBiolabs, discusses alcohol testing for the Family Court
Louise Crush of Westgate Wealth explains how to make sure you are investing suitably, and in your long-term interests
In conversation with Matthew Bland, Lincoln’s Inn Library
Millicent Wild of 5 Essex Chambers describes her pupillage experience
Louise Crush of Westgate Wealth explores some key steps to take when starting out as a barrister in order to secure your financial future
From a traumatic formative education to exceptional criminal silk – Laurie-Anne Power KC talks about her path to the Bar, pursuit of equality and speaking out against discrimination (not just during Black History Month)
Inspiring and diverse candidates are being sought for the Attorney General’s Regional A, B and C Panels - recruitment closes at noon on 10 October 2024
Expectations, experiences and survival tips – some of the things I wished I had known (or applied) when I was starting pupillage. By Chelsea Brooke-Ward
If you are in/about to start pupillage, you will soon be facing the pupillage stage assessment in professional ethics. Jane Hutton and Patrick Ryan outline exam format and tactics
In a two-part opinion series, James Onalaja considers the International Criminal Court Prosecutor’s requests for arrest warrants in the controversial Israel-Palestine situation