Over three days this week the Court of Appeal heard – remotely – the test case challenge to the current basis of valuing awards for the additional costs of suitable or adapted accommodation in claims arising from serious injuries. The calculation features use of the personal injury discount rate and, since that is negative at present, it produces (mathematically at least) ‘no loss’ for the claimant. The claimant in Swift v Carpenter argues this is unsatisfactory and therefore seeks a new approach.
A month ago today, one of the final acts of David Gauke MP during his time as Lord Chancellor was to decide to set the new personal injury discount rate for England & Wales at -0.25%, with this being only a marginal increase on the -0.75% figure which had applied from March 2017. The new legislation requires a review of this within five years, so will anything relevant realistically happen in the interim?