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13 April 2018 / Julian Chamberlayne
Issue: 7788 / Categories: Features , Personal injury
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Time to settle?

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The discount rate: where have we got to & where are we going? Julian Chamberlayne

The Justice Select Committee is to be congratulated for causing the government to think more carefully about its proposed reforms to the discount rate. As a consequence we now have a commitment to call for more evidence, for further research and analysis by the Government Actuary Department (GAD) and to involve the expert panel at the first review, not just three years down the line. At the same time the Lord Chancellor is now committed to providing a far fuller explanation of the reasons for setting any new rate(s), including publishing the experts’ report and impact assessments. To ensure these commitments are not forgotten Schedule A1 to the Civil Liability Bill requires careful scrutiny and amendment, as for instance, it only requires publication of such information as the Lord Chancellor thinks appropriate.

We also have a clearer commitment for the review to consider differential rates, which ought to lead to lower rates for earnings-related heads of loss. Post Thompstone v Tameside

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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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