Swift -v- Carpenter is to be live streamed next weekJul 19th, 2019
Tuesday 23rd and Wednesday 24th July 2019
Swift –v- Carpenter
Claimant appeals with permission from Mrs Justice Lambert against the quantum of the lump sum order in a personal injury claim
The Judge made no award for the additional cost of purchasing special accommodation, concluding she was bound by the formula prescribed in Roberts v Johnstone  QB 878, which by reason of the current negative discount rate, results in a nil award. The Judge observed the status of the formula was the subject of considerable debate; that this was only the second time the formula had been challenged since the introduction of the negative discount rate; and the appeal in the earlier challenge had been compromised. She noted there was a real issue as to whether the formula remains consistent with the principle of full restitution; and is fair and fit for purpose in the current economic climate of high housing prices, low interest rates and the use of PPOs for the delivery of damages for care.
Click here for the full lower court Judgment: https://www.bailii.org/ew/cases/EWHC/QB/2018/2060.html