When awarding damages to a claimant who lived abroad, it would not be correct to apply a lower discount rate, so as to award a higher level of damages to reflect the different taxation regime in that country which would take a greater share of the damages. This was not an exceptional circumstance which would allow departure from the rule.
Lord Justice Tuckey, Lord Justice Mummery Lord Justice Stuart-Smith
Times 10-Apr-2000,  EWCA Civ 102,  All ER (D) 463
England and Wales
Damages, Personal Injury, Damages
Updated: 20 May 2022; Ref: scu.90121