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A court awarding damages for future pecuniary loss in respect of personal injury may make an order that the damages must wholly or partly take the form of periodical payments.
bcrlawllp.com DownloadDamages are usually split into two categories: (1) General Damages, for the actual injuries suffered; and (2) Special Damages, for losses suffered as a consequence of the injuries (such as loss of earnings). Special Damages are further divided into ‘Past Losses’ and ‘Future Losses’.
The States Assembly has approved the draft Damages Law, which allows for changes to the way damages payments are assessed and awarded to those who suffer serious, long-term injuries. Jersey’s law requires that claimants receive full compensation for any loss suffered.
Our report covers all parts of the Damages Law, with a particular focus on the proposed Discount Rate, Periodical Payment Orders, Transitional Provisions, and the use of the Government Actuary Department’s Report, on which Jersey’s statutory discount rate is based.
A new law governing compensation payments for damages – which comes in the wake of a case against the States initially involving one of the largest claims in UK legal history – has been unanimously agreed by the island’s politicians.
The States of Jersey has approved the draft Damages Law, changing the way damages payments are assessed and awarded to those who suffer injuries that require long-term care.
The Damages (Jersey) Law 2019 changes this. It creates a regime for setting the “discount rate” for future pecuniary losses, together with a power to order periodical payments, even in the absence of consent of the parties.
Senator Le Fondré said the law was to ensure that the right level of compensation was given to plaintiffs – ‘not a penny less, not a penny more’.
Damages are usually split into two categories: (1) General Damages, for the actual injuries suffered; and (2) Special Damages, for losses suffered as a consequence of the injuries (such as loss of earnings). Special Damages are further divided into ‘Past Losses’ and ‘Future Losses’.
The Draft Damages (Jersey) Law 201- (the "Damages Law" or the "draft law") aims to address two issues relating to the awards of damages for those who suffer long-term injuries and ongoing care.