Planning for the discount rate change

The Lord Chancellor must publish the outcome of his review into the discount rate by 5th August 2019. At a seminar hosted by Hodge, Jones and Allen, Andrew Wille of Farrar’s Building gave guidance as to how to prepare for the transition over the next few days or weeks. Some Part 36 offers which appeared unattractive in a negative discount rate climate may look more realistic with a positive rate, particularly in the event of the rate being higher than the 0-1% range that most have been predicting. It would be sensible to audit your files now, so as to be ready to respond immediately when the new rate is announced. Nigel Spencer Ley considered the question of how accommodation claims should be calculated on the eve of the Court of Appeal hearing of Swift v Carpenter. Is it time to revisit the Roberts v Johnstone methodology and, if so, is there a credible alternative with which to replace it? Nigel considered how such claims should be pleaded and evidenced when having one eye on the possibility of a leapfrog appeal to the Supreme Court. As the traumatic memories of the post-Mitchell and pre-Denton period recede, Andrew Peebles cautioned against complacency in the event that relief from sanction is needed. Be proactive and apply with evidence. If you let matters drift then you may be reminded that Denton has teeth too.

---

Author: Nigel Spencer Ley Farrars (nsley@farrarsbuilding.co.uk)

---

Author: Andrew Peebles Farrars (apeebles@farrarsbuilding.co.uk)

---

Author: Andrew Wille Farrars (chambers@farrarsbuilding.co.uk)

---

• Share article:

---