A judicial balancing act between over and under compensation

We have to remind ourselves from time to time that the purpose of compensation is to put the injured party in the position that they would have been but for the accident, so far as money can do so. They are entitled to no more and no less, sometimes known as the 100% principle. A recent clinical negligence case covers various issues which are relevant when considering these broad principles, including issues around double recovery (of both compensation and state funding), the form of award (particularly the approach to a periodical payment order) and claims that are not recoverable (in this case, financial management through a personal injury trust).

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New discount rate in NI now looks likely in the next 90 days – politics permitting?

The legislation providing a new legal basis for the personal injury discount rate (PIDR) was finalised yesterday (it received Royal Assent). We now move to the (up to) 90-day period allowed by the statute for the Government Actuary to carry out the analysis described in the legislation to set a new discount rate. GAD may be able to complete that well within 90 days.

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NI legislation on Vnuk to be published next week and due to move quickly through the Assembly

Our blogs over the last fortnight have reported on (i) the progress of the Motor Vehicles (Compulsory Insurance) Bill in the Commons and (ii) plans to introduce similar reforms in Northern Ireland.

This morning the Infrastructure Committee of the NI Assembly noted, from written briefing provided by the Department, that the proposed NI legislation “largely mirrors the Bill in Westminster.” The Committee was therefore prepared, albeit reluctantly, to agree to the NI Bill proceeding via ‘Accelerated Passage’ (AP). It will be published and start its progress though the Assembly on Monday 7 February 2022.

Today’s agreement to AP means that the necessary legislative stages can be taken much more quickly than usual and opens the real prospect of this Bill coming into force in the second quarter of the year.

Written by Alistair Kinley, Director of Policy and Government Affairs at BLM (alistair.kinley@blmlaw.com)