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ARTICLE · 05 FEBRUARY 2019

Jersey Discount Rate: Draft Damages Act Approved

The application of the dual rate method has not been applied previously with any jurisdiction of the United Kingdom.

JerseyFinance and Banking

Discount rates of +0.5% or +1.8% to be applied dependent on whether award period is greater than 20 years

As the review of the discount rates in England, Wales and Scotland remain ongoing, the States of Jersey have moved to conclude their review of the discount rate, with the unanimous approval of the Draft Damages (Jersey) Law.

During the concluding debate, the Chief Minister of Jersey, John Le Fondre stated that the Draft Law was 'critical' and the Draft Law would ensure that plaintiffs received the correct level of compensation.

The Draft Law provides for the setting of a new two-tiered discount rate, and also creating a statutory power to award damages by way of a Periodical Payment Order to cover future care costs and lost earnings.

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