Louise Thomson
Louise is an established specialist practitioner in Personal Injury and related areas. She regularly acts for both Claimants and Defendants and her practice primarily consists of matters involving employers' liability, holiday claims, occupiers liability, highway claims and road traffic accidents. She specialises in claims involving children and has considerable experience in the Coroners court.
Practice Area
Panel
- Contributing Author
2 Contributions by Louise Thomson
PRACTICE NOTES
Defendant counter-schedules of loss in personal injury and clinical negligence: drafting guidance, evidence and quantum strategy, including 2025 discount rate update (England and Wales)
NOTE:
On 2 December 2024, the Lord Chancellor confirmed a change to a discount rate of positive 0.5%. That positive 0.5% rate takes effect on 11 January 2025. Under Schedule A1 of the Damages Act 1996, further reviews must occur within five years of the end of the last review, which means the next review is required to begin on or before 2 December 2029. This Practice Note delivers practical guidance on the key elements needed to produce a persuasive counter schedule of loss. It sets out the optimal approach for presenting the defendant’s response to the claimant’s schedule of loss. Frequently claimed heads of past and future loss are addressed, together with links to relevant case law. The claimant is expected to provide the defendant with a detailed itemisation of any past and future losses, backed by supporting documentation. Doing so enables the claim to be assessed properly at an early stage, and allows an early valuation to be given. Such documentation assists both solicitors and the claimant, as it offers a realistic and informed appreciation of what the claim is worth...
PI & Clinical Negligence
PRACTICE NOTES
Schedules of loss in personal injury and clinical negligence: CPR and protocol requirements, evidence, Ogden Tables, future loss methodology and discount rate (England and Wales)
NOTE: On 2 December 2024, the Lord Chancellor officially announced that the discount rate would move to a positive +0.5%. This +0.5% rate takes effect on 11 January 2025. Under Schedule A1 of the Damages Act 1996, any later review must occur within five years of the last review’s conclusion, which therefore means the next review must start no later than 2 December 2029.
Requirements of the schedule
Under CPR PD 16, paragraph 4.2, a claimant must append to their particulars of claim a schedule setting out in detail any claimed past and future losses and expenses that they seek.
Per CPR PD 22, paragraph 1.1(3), the schedule, and any revisions or amendments made to it, require verification by means of a statement of truth. Accordingly, the claimant should ensure they fully understand what the schedule contains and signifies...
PI & Clinical Negligence
If you expected to see yourself on this page, click here.
