Officials from the NI Department of Justice gave evidence this afternoon on the way forward following consultation over the summer on the mechanism for setting the personal injury discount rate. There are two significant developments:
- First that the officials indicated that on balance the Department had concluded it would not proceed to reset the existing rate based on the 1996 Act, ILGS yields and Wells v Wells.
- Second is that the Department will seek to introduce legislation quickly to deliver a new legal framework for setting the discount rate.
In 2017 in Smith v Lancashire the Court of Appeal held that exclusion of a deceased’s co-habiting partner from entitlement to bereavement damages under s1A of the Fatal Accidents Act 1976 breached European Convention rights. That outcome placed the government under an obligation to amend the Act (detailed in this post back in February). This specific and limited change has just moved closer, with the necessary draft order being approved in the House of Lords last week and expected to take effect soon.
Following the publication of the eighth edition of the tables late last week, Alistair Kinley and Andrew Williamson outline their views on the key changes to the tables of personal injury multipliers and address some of the new points of emphasis in the accompanying explanatory notes. Their video presentation builds on our news article of 20 July about this latest edition of the tables and can be viewed below.
To view the video in full screen, please click here to be directed to our YouTube channel.