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01 November 2024
Issue: 8092 / Categories: Legal News , Personal injury , Limitation , Damages
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NLJ this week: Changes to the personal injury discount rate in Scotland & Northern Ireland

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Personal injury lawyers have lodged a freedom of information request regarding the recent change to the personal injury discount rate (PIDR) in Scotland and Northern Ireland

Writing in this week’s NLJ, two lawyers and a former government actuary explain their concerns.

The Forum of Complex Injury Solicitors (FOCIS) and the Association of Personal Injury Lawyers seek ‘the unparticularised sources the government actuary relied upon’ and ‘query the basis on which she was able to reasonably make this determination for the long-term’.

Julian Chamberlayne, FOCIS chair and partner at Stewarts, Professor Victoria Wass, emerita professor of labour economics, Cardiff Business School, and Chris Daykin, an independent consultant and actuary (government actuary 1989–2007), set out the issues.

Chamberlayne, Wass and Daykin write: ‘If, as the authors contend, she has materially underestimated the long-term earnings inflation differential, that will likely result in many of the most seriously injured claimants running out of funds to meet their high-level care needs in their later years.’

MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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