The Discount Rate Consultation closed for responses on the 11th May and we all now await further developments. In the meantime, the -0.75% rate is the new starting figure when assessing awards for future losses. When the then Lord Chancellor, Ken Clarke, announced the commencement of the previous review, as long ago as November 2010, […]
Continue ReadingPeriodical Payment and Lumps and Sums
A Lifetime Commitment Jennifer Stone, Nick Leech, Andrew Sands and Nick Martin reflect on the implications of the change in the discount rate. In order to understand the current discount rate, it is useful to appreciate what has led us to this point. For a large portion of the last century, lawyers and judges were […]
Continue ReadingDiscount Rate Consultation
As expected, the Ministry of Justice published its consultation on the discount rate last week. Titled The Personal Injury Discount Rate – How it Should be Set in the Future, it contains 32 questions over more than 50 pages which require detailed answers, as well as a lengthy questionnaire seeking the respondent’s views on periodical […]
Continue ReadingThe Discount Rate – Rumours of the Death of Periodical Payment Orders are Greatly Exaggerated!
Since the announcement of a review, seven years ago no less, news of the Lord Chancellor’s decision to dramatically reduce the 2.5% discount rate down to -0.75%, still came as a surprise to many involved in personal injury litigation. Finally, we have a decision based upon the economic realities of investing damages in low/no-risk investments, […]
Continue ReadingPersonal Injury Discount Rate – The Lord Chancellor’s Review
Today’s announcement by the Lord Chancellor of a very significant reduction in the discount rate from 2.5% to -0.75% will be reflected by greater awards of personal injury damages for future losses. The change will take effect from 20th March 2017. The sheer scale of the change can be illustrated by reference to Table 28 […]
Continue ReadingManaging damages for Brain Injured Claimants – Mass Insight Magazine Autumn 2016
Andrew Sands and Nick Leech, specialist financial advisers and directors of Nestor, discuss what is involved in setting an investment strategy, aimed at ensuring awards of damages last as intended. It is not entirely straightforward, but proper financial planning should commence pre-settlement and include consideration of personal injury trusts, where appropriate; and of course, periodical […]
Continue ReadingCase Study : Nestor Client Transport Assessment
I am an expert witness dealing with personal injury clients and their transport requirements. I was recently instructed to visit a client; a young girl we will call “A”. A has four limb cerebral palsy and is reliant on others for all her daily needs; she is totally wheelchair dependant. She lives at home with […]
Continue ReadingPeriodical Payment Orders – The Brexit Effect
Brexit is taking the blame for much that is negative in the news, often for political purposes. However, the result of the recent referendum may well have thrown into doubt, established case-law, and the ability of the Court to make an order for periodical payments in certain circumstances. Nick Leech and Andrew Sands, specialist financial […]
Continue ReadingWider use of Periodical Payments – PILJ October 2014
Andrew Sands and Nick Leech advocate greater use of periodical payments aided by case law, old and new.
Continue ReadingLauren Stacey’s Journey
A car accident resulted in Lauren Stacey losing her mother and suffering a brain injury that makes her life challenging
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