Clarke issued with Judicial Review

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The discount rate is used by lawyers and the courts to determine the amount deducted from an injured person’s compensation to account for any income they may receive from investing their damages.  It is based upon the yields generated from government index-linked bonds and has been set at 2.5% since 2001.  There has of course been a significant economic downturn and for years, injured people have been undercompensated.

I am therefore pleased to learn that the Association of Personal Injury Lawyers, who have been lobbying the Ministry for months, have understandably lost patience with Mr Clarke and have this week issued a judicial review of his failure to review the rate. 

I hope that the Lord Chancellor, faced with these proceedings, will do the right thing and bring the discount rate down to a figure which shall ensure that injured people, especially those with significant ongoing financial losses, are properly compensated.

 Grant Evatt is a senior Solicitor in the Personal Injury team

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