Special Accommodation Damages – Where Next?
Carin Hunt published in the Journal of Personal Injury Law.
An article by Carin Hunt titled ‘The Cost of Special Accommodation’ has been published in the Journal of Personal Injury Law in June 2020 (J.P.I. Law 2020, 2, 127-134). In her article, Carin discusses the shortcomings of the method for calculating the special accommodation damages payable in serious personal injury claims, which was formulated in Roberts v Johnstone (CA), and which produces a negative figure when a negative discount rate applies. Carin reviews the justification for the formula, its practical application and the scope of the problems it presents. She then presents an alternative starting point for calculating such awards, based on the property’s rental value, and notes mitigation issues. Is this the way forward for special accommodation damages?
You can read the article on Westlaw here.
Find Out More
If you would like to discuss any of the issues covered in this article please contact Carin Hunt directly or via her practice management team; Paul Barton or Mark Gardner on +44 (0)20 7353 6381 who would be happy to have a discussion in the strictest of confidence.
Barristers: Carin Hunt
Categories: Legal Blog & Publications | Personal Injury