Personal injury compensation differences across the border

13 Jan 2020

BLM's director of policy and government affairs, Alistair Kinley and partner, Rachel Henry consider how personal injury claims are compensated differently north and south of the border in today's The Scotsman.

 

They focus on two key differences between Scotland and England & Wales in how the principle of 100% compensation – restitutio in integrum - operates in practice. The first difference is between each country’s Personal Injury Discount Rate. Both England and Scotland introduced new PIDRs last year under different laws. Scotland’s PIDR, fixed from 1 October 2019, is minus 0.75%. This contrasts with a PIDR in England & Wales, set from 5 August 2019, of minus 0.25%. A lower PIDR means a higher lump sum paid out for lost future income, and vice versa. Another key difference is found in how each jurisdiction deals with dishonesty by a personal injury claimant.

 

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

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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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Rachel Henry

Rachel Henry

Partner,
Glasgow


Alistair Kinley

Alistair Kinley

Director of Policy & Government Affairs,
London


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