Swift v Carpenter: where we are now on calculating accommodation awards

The decision in Swift earlier in the month significantly changes how this head of loss is assessed in catastrophic injury cases. In the ten days since the judgment was delivered, there have been (virtual) acres of technical commentary and various on-line briefings have been held, including two that we facilitated and including our spreadsheet (attached at the end of this blog) which performs the new calculation.

The purpose of this blog is therefore neither to provide an in-depth analysis of the decision nor to offer a ‘how to’ guide to the new approach – however, please don’t hesitate to get in touch with Andrew Hibbert or me if we can help with that – but rather to draw out core points, below, which have become a good deal clearer after considered reflection on the outcome.

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Insights (in brief) from the new JC Guidelines

As we noted last week on the BLM twitter feed, the 15th edition of the Judicial College Guidelines for General Damages for Personal Injuries has just been published. The main headline is the consistent application of an increase of close to 7% to the figures in the last edition in order to allow for inflation.

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Draft Third Parties (Rights Against Insurers) Act 2010 (Consequential Amendment of Companies Act 2006) Regulations 2018

Yet another gripping headline to draw in the reader of this blog … but despite the arcane title and multiple brackets these new regulations are worth knowing about. What they’ll do when implemented is to rectify a barrier to rights of recovery after an insurance policy covering a dissolved, insolvent or otherwise no-longer-existing insured has responded to a third party’s claim. Continue reading