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Setting the Personal Injury Discount Rate - A Call for Evidence and Adroit's Response


On the 6 December 2018, the Ministry of Justice issued a document known as “Setting the Personal Injury Discount Rate - A Call for Evidence”. This document was issued after the Civil Liability Bill had completed its passage through Parliament, but at that point had not received Royal Assent. On the 20 December 2018 Royal Assent was passed and the Civil Liability Act 2018 became law.

The purpose of the Call for Evidence was to seek up-to-date data and information on a wide range of topics relevant to the setting of the Personal Injury Discount Rate under the provisions of the Act. The Call for Evidence comprised of 14 questions that the MOJ require answers to, many of which are based around the investments available to claimants, investment advice provided to claimants, investments made by claimants, tax, investment management costs, inflation and model investment portfolios.

APIL were very keen to provide a response to the Call for Evidence, but recognised that many of the questions we geared to financial advice rather than legal advice. They invited Paul Rosson, Senior Financial Consultant at Adroit Financial Planning, to advise on the APIL response. A copy is available to view here.

In addition to the work carried out for APIL, Adroit were invited to provide their own response and this was completed by Paul Rosson and Jatin Mistry with the assistance of the whole team at Adroit. Please follow this link to view Adroit's response.

Under the terms of the Act, the review of the Personal Injury Discount Rate will be concluded by the 7 August 2019, but this could happen before then.