Tag Archives: Periodical Payments

Discount Rate: Medical Negligence / Catastrophic Injury Awards

Maintaining a longer-term perspective makes the volatility easier to handle

An unexpectedly large change to the discount rate, which determines compensation payments for those suffering life-changing injuries, has thrown the insurance markets and their legal advisers into disarray. Campaigners have long been arguing for changes to the ‘Ogden rate’, the mechanism allowing courts to fairly price catastrophic injury compensation payments to support pursuers financially throughout […]

Landmark Scottish Legal Case: Periodical Payments

Health bosses settle £23million law suit. Law suit brought by the parents of a child whose spine was damaged at birth – Lord Stewart’s decision that part of the settlement should be in the form of ‘Periodical Payments’ for the duration of the child’s life is significant, particularly as it has been accepted for some […]

Periodical Payments in Scotland

Damages awarded in catastrophic injury cases in Scotland have historically taken the form of a single, “once-and-for-all-time” lump sum. This monolithic approach – which follows an assessment of the injured party’s past and future monetary loss – has attracted serious criticism and adverse judicial comment. It asks a court to look into the future and […]