Joint Response to the Call for Evidence by the Justice Committee – Committee Stage – Damages (Return on Investment) Bill

  • FOIL
  • FOIL Northern Ireland

The proposed new methodology is based on the Scottish framework (per Damages (Investment Returns and Periodical Payments) (Scotland) Act 2019) with one main difference, namely the use of a longer assumed investment period of 43 years (as used in the English model set up following the Civil Liability Act 2018) rather than the shorter 30-year period used in the Scottish model. In the view of the joint signatories, with that amendment, a Scottish based framework is more likely to achieve as close to 100% compensation as possible.


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