Daily Mirror (Northern Ireland)

New claim rule to benefit thousands

‘Ground-breaking’ legal ruling for compo payouts

- BY ALAN ERWIN newsni@mirror.co.uk

THOUSANDS of people taking personal injury cases are set to benefit after a “ground-breaking” legal challenge led to a change in how compensati­on is calculated, it was claimed yesterday.

The Discount Rate is a percentage applied to lump sum awards for future care and loss of earnings, to account for an expected return on investment­s.

Paul Mccrossan brought a High Court challenge over the level in Northern Ireland which has remained the same for 20 years.

The Derry man suffered life-impacting injuries in a road traffic accident and claimed those arrangemen­ts were unlawful.

Counsel for the Department of Justice confirmed it now intends to change the Discount Rate.

Tony Mcgleenan QC said secondary legislatio­n will be brought to the Assembly to alter the current rate from 2.5% to minus 1.75% at the end of May.

He added: “There will be no need for the court to write a judgment.”

The developmen­t brought an end to the legal challenge.

Frank O’donoghue, representi­ng Mr Mccrossan, was awarded costs after contending: “The relief sought has been granted at the eleventh hour.”

Despite changes in England, Wales and Scotland in 2017, the Discount Rate has been kept at 2.5% in Northern Ireland since 2001.

Outside court, Mr Mccrossan said: “This change will allow me to get the full compensati­on I am entitled to.”

His lawyer, Jack Quigley of Mcgee Solicitors, insisted the changes were a direct result of the legal action.

Mr Quigley claimed thousands of others in Northern Ireland will also now benefit.

He added: “This is a groundbrea­king case for ordinary people around the country who deserve to get 100% compensati­on when they have been seriously injured.

“It is both irrational and unreasonab­le that this has not been the case here for so many years, particular­ly as the rate had changed in England, Wales and Scotland four years ago.

“Hopefully this result will help those who have been seriously injured and who desperatel­y need compensati­on.”

The relief sought was granted at eleventh hour FRANK O’DONOGHUE YESTERDAY

 ??  ?? PAINS How compensati­on is calculated will change
PAINS How compensati­on is calculated will change

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