NI discount rate: five weeks to submit evidence on the new Bill

As we reported last week, the Committee for Justice has today opened a new call for evidence (CE) seeking stakeholders’ views on the legislation designed to re-set the legal basis for the personal injury discount rate (PIDR), the Damages (Return on Investment) Bill. The terms of the six questions posed in the CE are clear and responses are due by 30 April 2021. Our views on the principles involved are unlikely to have changed since the pre-legislative consultation conducted last summer but the CE provides an important opportunity to make submissions on the points of detail involved in the new legal framework for setting the PIDR in Northern Ireland.

Alistair Kinley, Director of Policy & Government Affairs

Concussion in sport: the second round

If a week is a long time in politics, the fortnight since the initial Digital Media Culture and Sport Select Committee (DMCSSC) first oral evidence hearing in this new inquiry has passed with undue haste.  A second, and apparently final session (the recording of which be viewed here) on Tuesday 23 March was the Committee’s opportunity to hear from individual players and governing bodies. As a result the witness ‘team sheet’ was longer and more varied than the previous hearing which had involved clinical witnesses only. The committee’s intention is to consider concussion across all sports at all levels but its focus, perhaps inevitably, remains on football and rugby.

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Fundamental dishonesty and substantial injustice: elephant tests?

Mandatory dismissal of the entirety of a personal injury claim in which the successful claimant has been found to be “fundamentally dishonest” was introduced by section 57 of the Criminal Justice and Courts Act 2015. That provision also provided that the blunt effect of the dismissal could be avoided if it would cause “substantial injustice”, a qualification that was examined in a recent employers’ liability claim.

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