Bermuda Court of Appeal upholds negative discount rate of -2.5% for Julian Chamberlayne’s client Kate Thomson for loss of her nursing career.

Head of International Injury Julian Chamberlayne represented Kate Thomson after she suffered serious multiple injuries in a car accident on a rainy night in Bermuda on 16 January 2006. The injuries included complex pilon fracture of her left ankle and a burst fracture of her L5 vertebrae.

On 26th June 2015 we reported that the Supreme Court of Bermuda awarded the negative discount rate following the handing down of judgment by the Chief Justice.

In the judgment he accepted the evidence of the Claimant’s experts and held that the appropriate discount rate for Bermuda in respect of Kate Thomson’s future losses in Bermuda was -1.85% for heads of damage related to earnings inflation and -0.25% for heads of damage likely to be affected by prices inflation.

For Kate Thomson’s future losses in the UK the applicable discount rate was held to be -2.5% for heads of damage affected by earnings inflation and -0.5% for heads of damage affected by prices inflation. You can read the earlier full Supreme Court report here-  Court of Appeal Judgment re Harvey v Warren and Colonial v Thomson.

The Court of Appeal upheld the decision on the 1st April 2016, the full judgement from the Court of Appeal can be read below.

Kate Thomson was represented by Julian Chamberlayne, Partner and Head of International Injury at Stewarts, David Westcott QC and Bermuda advocate, Paul Harshaw.



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