Personal Injury Update Newsletter Autumn/Winter 2008

Welcome to the 2008 Autumn/Winter edition of our Personal Injury Damages Newsletter.  This edition is designed both to inform and provoke debate…

Our main item, “Lump Sum Personal Injury Damages Post Thompstone – The New Battleground?” highlights the inequity between the ways damages can be awarded. The current discount rate is arguably too high and has been so for some years. Proper inflation proofing of periodical payments provides a stark contrast to those having to settle on a lump sum basis…your feedback on this
article would be most welcome.

The state benefits system is changing again with the introduction of Employment and Support Allowance, a health related benefit aimed at getting people back into employment. An element of means testing is involved, so read how that might affect personal injury claimants in our Personal Injury Trust Update.

The Thompstone litigation certainly clarified the issue of inflation proofing of periodical payments. However, the issue as to allocation between capital and income is live and should be examined in every high value case.  In “The Post Thompstone Landscape – The Continuing Need for Financial Advice”, we explore how that might be achieved in more complex cases and provide guidance on discrete technical issues, such as protecting the claimant’s position in the Final Order.

Our guest writer, Richard Forth of personal injury specialists, Forths Forensic Accountants, considers the impact of the 6th Edition of the Ogden tables on the presentation of Smith – v – Manchester claims and whether the market has moved forward in this regard.

Finally, long-term care issues are highlighted for clients who need to ensure the security of income in their old age.

Download the Newsletter (.PDF)