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ARTICLE · 25 JUNE 2018

Scotland: Discount Rate Reform Proposals Published

The Damages (Investment Returns and Periodical Payments) (Scotland) Bill sets out proposals for a new formula in setting the Discount Rate in Scotland.

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The Damages (Investment Returns and Periodical Payments) (Scotland) Bill sets out proposals for a new formula in setting the Discount Rate in Scotland.

The Scottish Government has published the Damages (Investment Returns and Periodicial Payments) (Scotland) Bill ("the Bill"). The Bill proposes changes to the discount rate applied to personal injury cases in Scotland, and also provisions relating to periodical payments.

The Bill aims to address concerns that the current process for establishing the Discount Rate is unclear with no clear timescales for reviews to be undertaken. It will establish a system similar to that recently proposed in England and Wales via the introduction of the Civil Liability Bill.

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