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13 September 2023
Issue: 8040 / Categories: Legal News , Personal injury , Damages , Compensation
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Personal injury discount rate: single, dual or multiple?

The Ministry of Justice (MoJ) has said that it will not be recommending a policy position or deciding on whether a dual/multiple PIDR should be introduced at this time.

The discount rate is used to calculate long-term compensation for serious injury victims. The MoJ this week published its response to a call for evidence on the rate, and will feed its summary of views received to an independent expert panel advising the Lord Chancellor on next steps. The next review of the discount rate must take place by July 2024.

Christopher Malla, partner at Kennedys, said that if the panel recommended change, his firm’s ‘preference would be for a dual rather than a more complex multiple rate.

‘Practitioners could apply it themselves, rather than having to instruct actuaries or economists as is the case in some of the other jurisdictions where we operate, namely Ireland and Hong Kong. It must be a simple system to allow practitioners to calculate to avoid an increase in legal costs.’

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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