Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

Personal injury and clinical negligence: 2017 developments and 2018 outlook—discount rate, credit hire, MIB, vicarious liability, QOCS, whiplash, fixed costs and package-holiday sickness claims

Published by a LexisNexis PI & Clinical Negligence expert

Practice notes

ARCHIVED : This Practice Note is archived and not maintained.

This year’s annual round-up reviews some of the most significant developments of 2017 and looks ahead to what 2018 may bring. In personal injury and clinical negligence, a headline change was Liz Truss’s February confirmation that the discount rate would be reduced from 2.5% to –0.75%. There were a number of key cases addressing the issues surrounding fundamental dishonesty and Qualified One Way Costs Shifting, together with the Supreme Court decision in Armes v Nottinghamshire County Council [2017] UKSC 60 on the scope of vicarious liability. This review also provides updates on LexisNexis®’s content, including news of exciting developments during the past year and what is coming up over the next twelve months.

Reviewing 2017

Damages

What happened?

The discount rate is the percentage practitioners use to assess future loss in personal injury and clinical negligence claims. It applies a reduction to a lump sum on the basis that an award can be invested and generate interest. The rate was first fixed at 2.5% in 2001...

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Web page updated on 21/05/2026

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