DTI definition

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Claims involving serious brain injuries

Claims involving serious brain injuries NOTE: On 2 December 2024, the Lord Chancellor announced that the discount rate would change to positive 0.5%. The positive 0.5% discount rate is effective from 11 January 2025. Schedule A1 to the Damages Act 1996 provides that subsequent reviews are to take place within five years of the conclusion of the previous review which means that the next review must commence on or before 2 December 2029. For further guidance on serious brain injuries, see Practice Notes: Valuing serious brain injury claims and Rehabilitation in serious brain injury claims. Causes of a serious brain injury Serious brain injuries can occur due to a number of causes including trauma, deprivation of oxygen, infection, hydrocephalus, encephalitis, brain tumours, stroke, toxicity, degenerative disorders, metabolic and endocrine dysfunction and nutritional deficiencies. The first seven of these causes are explained in more detail below as they may give rise to the basis of a clinical negligence or a personal injury compensation claim. Traumatic brain injury...

Unfair relationships under the Consumer Credit Act 1974

Unfair relationships under the Consumer Credit Act 1974 This Practice Note examines the unfair relationship provisions of the Consumer Credit Act 1974 (CCA 1974) that empower a court to find that the relationship between a creditor and borrower is unfair; it includes the types of consumer credit agreements covered by the legislation, and the court’s power to remedy any unfair relationship. Principles The unfair relationship provisions of the CCA 1974 empower a court to find that the relationship between a creditor and borrower is unfair. Upon such a finding, CCA 1974 gives courts a broad range of powers, allowing them to choose the remedies they think fit. Once a borrower alleges that the relationship is unfair, the onus is on the creditor to prove otherwise. The interpretation of the test for determining whether a relationship is ‘unfair’ under CCA 1974 has been largely left for the courts to decide. While regulatory considerations may, in some cases, be relevant to determining this question, it is important to bear...