The recent decision in of the Court of Justice of the European Union (CJEU) in CNP v Gefion C-913/19 examines questions of jurisdiction under the Brussels 1 (Recast) Regulation following an assignment of the underlying claim, which arose from a motor accident, to a commercial entity. The case also touches on the provisions of the Regulation dealing with a defendant company having a branch in another Member State.
Despite Brexit, the approach adopted in this case will remain binding in relation to cross border cases connected to the UK in which proceedings were issued before the end of the transition period, i.e. by 31 December 2020.
We commented upon the emerging trends in relation to COVID-19 injury claims in December 2020 and noted the surprisingly low number of claims registered with the Compensation Recovery Unit (CRU), based on statistics to mid November 2020.
From statistics obtained from the Department of Work and Pensions, we can see that the number of claims registered with the CRU remains relatively low, despite the significant number of infections within the UK population over the Winter period.
We can see that the number of claims registered with the CRU – 2/3 of which relate to employers’ liability – gathered some momentum from September 2020, albeit that monthly levels are still low, averaging around 10 new cases per month. The CRU data is broken down by a range of factors in the remainder of this post.
This afternoon the Government Actuary’s Department released an amended version of the Ogden tables which now includes the new discount rate of -1.75 for Northern Ireland. The relevant webpage of the GAD’s site explains that “Under the Damages (Personal Injury) Order (Northern Ireland) 2021, made under section 1 of the Damages Act 1996, the prescribed discount rate to be taken into account by the courts in Northern Ireland when assessing lump sum damages awards for personal injury was lowered from 2.5% to -1.75% with effect from 31 May 2021. As the tables of multipliers in the original 8th edition of the Ogden Tables are not tabulated at a discount rate of -1.75% updated tables have been issued. The text of the Explanatory notes has been updated and a number of other minor typographical amendments have also been made.”
Alistair Kinley, Director of Policy & Government Affairs, BLM