Lawyers have called on the Department of Justice to bring the personal injury discount rate in Northern Ireland in line with the rate in England and Wales. The discount rate is a percentage used to adjust the lump sum awards for future losses, costs and expenses received by victims of life-changing
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The personal injury discount rate will be dramatically lowered from 2.5 per cent to -1.75 per cent, Justice Minister Naomi Long has announced. The rate will be changed from 31 May through secondary legislation owing to delays in steering the Damages (Return on Investment) Bill through Stormont.
The Supreme Court has ruled that a medical certificate of injuries allegedly sustained by a victim of assault was inadmissible evidence because the certifying doctor had not examined the victim. It was held that section 25 of the Non-Fatal Offences Against the State Act 1997 required a doctor issuin
A new personal injury discount rate will be set early next year following the passing of new legislation. The Damages (Return on Investment) Bill completed its final stage in Stormont yesterday and is expected to receive royal assent before the end of January 2022, after which a new rate will be set
An expert group chaired by Mr Justice Charles Meenan has said it will explore the possible establishment of a Medical Injuries Assessment Board along the lines of the Personal Injuries Assessment Board. The idea is raised in the interim report of the group set up to review the law of torts from the
Roisin Harper, associate at McKinty and Wright Solicitors, current NI regional representative for the Forum of Insurance Lawyers (FOIL) and past NI representative to Tomorrow’s FOIL, writes on the latest update to personal injury damages guidelines. As of 25th February 2019, the 5th Edition of
Alison Cassidy, partner at BLM in Belfast, examines proposals to slash the personal injury discount rate in Northern Ireland. The Minister for Justice in Northern Ireland, Naomi Long MLA, has asked officials to undertake a statutory consultation with the Government Actuary and the Department of Fina
The Bar Council of Northern Ireland has recommended following the Scottish framework on personal injury discount rate. The Department of Justice recently launched a consultation on how the discount rate or “real rate of return”, used by the courts to determine the size of personal injury
The average legal costs in personal injury cases settled through litigation was over €23,000 between 2015 and 2019, according to new figures published by the Central Bank of Ireland. The figures are revealed in the second annual private motor insurance report of the National Claims Information
A number of senior judges have circulated memos critical of draft personal injury guidelines currently being considered by the Judicial Council, according to reports. The memos have been seen by The Irish Times, which reports that they come from High Court judges and one Court of Appeal judge. One i
A virtual conference hosted by global legal business DWF will examine Northern Ireland's interim personal injury discount rate (PIDR) of -1.75 per cent, which the firm describes as the lowest in Europe. The sector-wide conference will consider the changes and their repercussions, which could see sub
Northern Ireland's High Court has determined that a personal injury settlement which a man received two years before his bankruptcy did not form part of the bankruptcy estate. The court found that the sum satisfied a statutory exception, and should be excluded because it represented provisions neces
Northern Ireland's personal injury discount rate has been set at +0.5 per cent following a review. The new rate is welcome news for insurers and bad news for personal injury claimants, being a significant increase from the -1.5 per cent rate set in March 2022.
A new book of quantum, produced from research into 52,000 cases between 2013 and 2014, is to be published shortly to be used by the Injuries Board and to provide a benchmark for damages claims for the legal profession. Insurers, who have been criticised for sharp rises in premiums, have complained o
A soldier whose parachute failed to open properly on his first training jump, has been awarded €80,000 in damages for injuries sustained because of the Army’s negligence. The soldier suffered a severe fracture dislocation of his ankle, and could no longer serve as a front-line soldier due to thi