Helmot v Simon [2012] UKPC 5 – Law Journals

Case Report: Harries v Stevenson [2012] EWHC 3447

Discount rate; Damages Act 1996; preliminary issue A single fixed discount rate was preferable in reducing the cost and uncertainty of future loss calculations. In Harries v Stevenson [2012], a claimant tried and failed to escape from the arguably unjust effects that the 2.5% discount rate creates in the current economic climate. The case provides …

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Discount Rate: The longest wait

Julian Matthews reviews the current position in England in light of the decision of the Privy Council in Helmot v Simon ‘The outcome of Helmot v Simon [2012] has been recently reviewed in the Privy Council. What has happened in that case may well have some interesting pointers to the forthcoming debate to be held …

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Life Changes: Turning the tables

Simon Readhead QC explores what’s new in Ogden 7 ‘The use of updated mortality tables results in an increase in life expectancies for both males and females for all ages up to 96 for males and 98 for females. In some cases the increases are very significant.’ The new edition of the Ogden Tables (Ogden …

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Investment: Lack of return

Andrew Sands and Nicholas Martin examine the issues relating to the discount rate and conclude that a reduction in the rate should be inevitable ‘Reality means that life expectancy is always, by its very nature, an estimate so will be wrong. This introduces mortality risk, which if the claimant lives longer than expected means that …

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Clinical Negligence: The Damages Act 1996

Julian Matthews looks at the latest authorities concerning the discount rate ‘The computation of continuing losses in clinical negligence and personal injury claims is entirely dependent upon the assessment of the multiplier. Traditionally the multiplier was assessed by the courts on the basis of precedent.’ In early November 2010 the Lord Chancellor announced a review …

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