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ACCOMMODATION: Living with a negative discount rate

28 April 2017  

Nigel Spencer Ley reviews the effect of the new discount rate on accommodation cases like Roberts v Johnstone

Amid apocalyptic warnings from insurers as to the impact of the change in the discount rate, there is one small piece of good news for defendants: if the method for calculating damages for the additional capital cost of new accommodation set out in Roberts v Johnstone [1989] is applied strictly, a claimant purchasing more expensive accommodation as a result of their disability will have to pay damages to the defendant.

Additional Info

  • Case(s) Referenced:

    George v Pinnock [1973] 1 WLR 118

    Roberts v Johnstone [1989] 1 QB 878

    Thomas v Brighton Health Authority [1999] 1 AC 345

Last modified on 09 May 2017