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New guidelines push up PI damages but warn over approach to minor injuries
Duration of symptoms should not necessarily be the focus when assessing damages for minor personal injury (PI) claims, a High Court judge has said. The latest (14th) edition of Judicial College Guidelines for the Assessment of Personal Injury Awards recommends increasing damages for PI victims in line with the retail price index.
Government blames High Court for denying mesothelioma victims damages uplift
The High Court’s decision to block the abolition of recoverability for mesothelioma claims has denied victims the 10% uplift in damages they would otherwise have received, justice minister Lord Faulks has said.
Personal injury lawyers warned over new contract regulations
Personal injury lawyers have been warned that they face dire consequences if they fail to comply with the latest version of the consumer contract regulations, coming into force on 13 June.
APIL attacks north/south divide in bereavement damages
Bereaved people in Scotland are treated more fairly than those in England and Wales when claiming damages for their loss – in terms of both the sums awarded and the range of people who can claim them – according to views expressed in new research.
Discount rate: an unreal construct or necessary to protect 100% compensation?
The sharp divide in opinion over the future of the discount rate came to the fore this week, with the argument that it should be set by reference to what claimants are actually going to do with their money countered by the claim that this would constitute an attack on the principle that injured people should receive 100% of their compensation.
Lord Chancellor receives polarised response to discount rate consultation
The stark choice facing the Lord Chancellor over how to set the discount rate was laid out yesterday as the Ministry of Justice consultation closed with responses from either side of the personal injury divide showing diametrically opposed stances.
Compensators urged to make clear “strength of feeling” over discount rate
A leading defendant law firm has called on insurers, public bodies and other compensators to respond to the government consultation on changing the discount rate. The consultation closes in a week’s time.
Court of Appeal accepts insurers’ argument to limit impact of 10% damages increase
The Court of Appeal has amended its ruling on the 10% increase in general damages after accepting that claimants funded by conditional fee agreements whose cases begin before 1 April 2013 but conclude afterwards should not benefit from it.
Argument split over future level of discount rate
There is a case to cut the discount rate to 0% – and a case to keep it at 2.5%, depending on the kind of investments it is based on, a debate on the current government consultation heard last week. It was organised by City defendant law firm Kennedys.
APIL urges Court of Appeal to hold firm over damages increase
The Court of Appeal’s decision to increase general damages by 10% from next April is “a simple, workable solution that everyone can understand and operate” and should not be altered, the Association of Personal Injury Lawyers has told the court.
