Proposed NI discount rate legislation set to meet resistance in Assembly?

Last week, the Justice Committee of the Assembly held a further hearing with officials from the NI Department of Justice (DoJ). The debates and questioning moved forward from the indications given at the previous hearing on 22 October (i) that the Department proposed to accelerate the passage of legislation to set a new legal framework for the discount rate and consequently did not intend to set an ‘interim’ rate using the 1996 Act and (ii) that Members’ (MLAs) initial view was to resist accelerated passage. The view among MLAs looks now to have hardened against accelerated passage for the new Bill, which could be a real problem for the DoJ in delivering a rate based on a new framework in the second half of next year.

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Roberts v SAAFA & Allgemeines Krakenhaus Viersen: an ongoing cross border claim from 20 years ago

Harry Roberts’s case arose out of brain damage sustained during his birth in Germany in June 2000. Infant brain injury cases can be among the most expensive claims if, as is usual, there is a high annual care need and a lengthy life expectancy. This case has added complications because of the cross-border setting and because of a dispute on limitation despite the claimant’s minority.

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Ogden 8 – A reduction in multipliers and other important points to note

The eighth edition of the Ogden Tables was published on Friday 17 July 2020. This latest edition provides a new set of tables, and explanatory notes, to guide and inform the approach to the valuation of lump sum awards for future losses. Unlike in previous additions, there is now a short section of the explanatory notes addressing text dealing with periodical payments.

The main headline change for those dealing with high value claims is a reduction in the level of multipliers as a result of a slowdown in life expectancy improvement compared with the assumptions that were adopted when the seventh edition was produced. A change to those figures was anticipated in BLM’s previous blog in November 2019, a copy of which can be accessed here. 

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