Border divide on personal injury compensation

28 May 2019

Writing in The Scotsman, Kirsty Yuill of BLM looks at the differences between Scotland and England with regard to personal injury compensation.

She notes that when compensation for future losses is paid as a lump sum, the claimant is expected to invest it for use in the future, with this investment income factored into calculating the amount by what is known as a “discount rate”.

Ms Yuill notes that the discount rate is likely to change this year, with Scotland “going a different way to England in setting the rate.” She asks: “Assuming that Scotland does end up with a lower discount rate than England, who will pay for the extra cost?”

She also highlights that a statutory framework is in place for England to have a fixed tariff of awards for whiplash injury, while there are currently no Scottish Government proposals for a similar system.

To read Kirsty's full article and to be redirected to The Scotsman website, please click here.

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Disclaimer: This document does not present a complete or comprehensive statement of the law, nor does it constitute legal advice. It is intended only to highlight issues that may be of interest to customers of BLM. Specialist legal advice should always be sought in any particular case.

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