0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

discount rate to change again

7 September 2017

The Government's response to the recent consultation on the discount rate has been published today. The Government accepts that it is appropriate to set the rate based on low risk (as opposed to very low risk) investments, having regard to actual investment practices of claimants receiving damages awards. An increase in the rate can be expected, with estimates currently suggesting a final rate between 0% and 1%.

However, a change from the current minus 0.75% rate will not be immediate. Draft legislation has been published for scrutiny prior to its introduction. A review will be implemented within 90 days of the passage of legislation, and may take up to 180 days.

Defendants will welcome the prospect of an improved rate, which will reduce the cost of personal injury claims resolved after implementation.

related opinions

Applying QOCS protection in a claim for personal injury and something else

In The Commissioner of Police of the Metropolis v Brown [2018], the High Court ruled that a Circuit Judge was wrong to automatically apply QOCS protection to a claim for misuse of data which also included a claim for personal injury.

View blog

Valuing a claim following professional negligence

Mrs Jean Edwards v Hugh James Ford Simey (a Firm) (2018 EWCA) is an interesting case involving solicitor’s negligence in the bringing of a disease claim under a vibration white finger scheme against the Department of Trade and Industry by the estate of a former miner.

View blog

The death of Pre-Action Disclosure Applications (PADs)…?

In the case of Sharp v Leeds City Council (2017), the Court of Appeal found pre-action disclosure applications were not exempt from the EL/PL pre-action protocol fixed costs scheme

View blog

Payment of Costs in the EL/PL Portal - Reasonableness of the parties is very much alive

We were recently successful in our Application to limit a Claimant to Portal costs where the Claimant withdrew his claim from the Portal because the Stage 1 fee was received just one day late.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up