Where it was proposed to the court to apply a different discount rate when determining investment return on a sum awarded in a personal injury action as damages for future pecuniary loss, as against the rate set under the Lord Chancellor’s guidelines, the court must look at the Lord Chancellor’s reasons for fixing the rate, and depart only where for example the case was in some category, or which had different and special reasons, in either case not considered when setting the rate.
Judges:
Mummery, Latham, Dyson LJJ
Citations:
Times 28-Mar-2002, [2002] EWCA Civ 81, [2003] 3 All ER 447, [2002] 1 WLR 1703
Links:
Statutes:
Damages Act 1996 1(2), Damages (Personal Injury) Order 2001 (SI 2001 No 2301)
Jurisdiction:
England and Wales
Damages, Personal Injury
Updated: 30 May 2022; Ref: scu.216757