Response to the DOJ consultation on minor settlements
- FOIL Northern Ireland
FOIL is entirely supportive of the aims of the Department of Justice in consulting on increasing the jurisdictional limits: to make the civil justice system faster, more convenient, and more efficient. FOIL has campaigned frequently for reforms aimed at increasing the efficiency and effectiveness of the court process and reducing the cost of litigation, thereby supporting access to justice.
FOIL NI and BIBA (the joint signatories) acknowledge the new proposed statutory methodology for calculating the personal injury discount rate in Northern Ireland as infinitely preferable to the current methodology used under Wells v Wells, under which the Minister’s recent announcement to strike a rate at -1.75% is based.
At the time of our last contact with the Committee the Department of Justice had decided not to proceed with a review of the Discount Rate under Wells v Wells, on the basis that, instead, the above Bill would be brought forward to change the methodology for setting the rate, to deliver 100% compensation, no more and no less.
The weaknesses in the methodology adopted for conducting the GHR review are well-known: the working group itself acknowledges them in para 3.8 of the report: