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Pre-legislative scrutiny: draft personal injury discount rate legislation inquiry

Inquiry

The Government proposes to maintain the principle that claimants should receive 100% compensation for losses they incur.

It proposes that the discount rate applicable to lump sum damages invested by claimants should no longer be set with reference to returns from Index Linked Government Securities.

Instead the draft legislation provides that the discount rate should be set on the assumption that claimants will invest lump sums in "low risk" investments, and having regard to actual investments made by claimants.

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