The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:
NOTE: On 15 July 2019, at the conclusion of the first review of the discount rate, the Lord Chancellor announced that the discount rate would change to minus 0.25%. The minus 0.25% discount rate came into effect on 5 August 2019. 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 15 July 2024.
In cases in which the claimant is an employee and there is a claim for future loss of earnings, there is likely also to be a claim for loss of pension. For reasons set out below, a claim for loss of pension is less likely to be available to a self-employed claimant.
See also Practice Note: Claims for loss of entitlement to state pension in personal injury claims.
In order to calculate this loss, the first step is to establish the nature of the pension scheme to which the claimant belongs. There are two principal types:
final salary or defined benefit schemes, in which the pension is a fraction of the final salary multiplied by the number of years of service (typically 1/80 for each year of service up to a maximum of 40)
money purchase or defined contribution schemes, where the pension fund is built
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This Practice Note considers the law governing the procedural law of arbitration proceedings (the curial law or lex arbitri) and how it is determined under the law of England and Wales (England and English are used as convenient shorthand).The procedural law of the arbitral proceedingsThe procedural
What is a res judicata?A res judicata is a decision given by a judge or tribunal with jurisdiction over the cause of action and the parties, which disposes, with finality, of a matter decided so that it cannot be re-litigated by those bound by the judgment, except on appeal.Final judgments by
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