Court of Appeal refuses permission to appeal High Court decision regarding discount rate announcement

Insurers will be aware that, on 07 December 2016, the Lord Chancellor announced her intention to make an announcement regarding the discount rate for awards of personal injury damages by 31 January 2017.

The Association of British Insurers made an application to the High Court on 20 January 2017, seeking permission for judicial review of the Lord Chancellor’s decision to announce the result of her review of the discount rate by 31 January 2017.

The ABI also sought an interim injunction to prevent the Lord Chancellor from making any such announcement until the judicial review proceedings had concluded.

Judgment was given by Baker J on 20 January 2017, in which the ABI’s application for judicial review was rejected.

The ABI made a subsequent further application to the Court of Appeal for permission to appeal the High Court Judgment.

This application was dealt with by Sales LJ on 26 January 2017; permission to appeal has been refused, on the basis that the grounds of appeal had no prospects of success. A copy of the Order of Sales LJ is available here.

It is therefore expected that the Lord Chancellor will proceed to make her announcement regarding the discount rate on 31 January 2017. Insurers will no doubt be anxiously awaiting the Lord Chancellor’s decision, and will be reviewing existing cases in light of the outcome of her announcement.

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