The fundamental and long-debated approach to awarding compensation for special accommodation today arrived at the Court of Appeal. The opening of the Swift v Carpenter [2018] EWHC 2060 (QB) appeal was live streamed from the CA this morning.Specialist personal injury barrister Hannah Godfrey explains the good news, and the bad.. The recent Swift v Carpenter judgment will result in a substantial increase in the cost of accommodation awards – both compared with the current nil amounts (given the current negative Ogden discount rate) but also from the previous discount rate of 2.5% per annum which was in place from 2001 to 2017. Introduction In perhaps the most eagerly anticipated decision of the last few years, the Court of Appeal has handed down its decision in Swift v Carpenter [2020] EWCA Civ 1295. ON APPEAL FROM THE HIGH COURT OF JUSTICE ADMINISTRATIVE COURT Mr Justice Lewis [2018] EWHC 1474 (Admin) Mr Justice Swift [2019] EWHC 1116 (QB) Royal Courts of Justice Strand, London, WC2A 2LL Date: 29/01/2020 Before: ... Judgment Approved by the court for handing down. The Court of Appeal recently handed down its long-awaited judgment in Swift v Carpenter [2020] EWCA Civ 1295.The judgment provides guidance as to how parties and judges at first instance should calculate claims for accommodation following injury. On the day when it is announced that the Court of Appeal refused permission to appeal in the case of Swift -v- Carpenter it is interesting to look at the subsequent judgment on costs given today in Swift v Carpenter… TP AR & SXC v SSWP The Court of Appeal has made it clear that this will be the test case that reviews the approach in Roberts v Johnstone. Background The Appellant sustained serious leg injuries […] At the invitation of the Court of Appeal, the claimant applied to adjourn her appeal in order for the court to receive expert evidence. The first question for me is whether I am bound by the Court of Appeal's judgment in Roberts v Johnstone. COVID-19 and the Phillips curve; Contact The decision held that a reversionary interest model was held to be the most appropriate for the valuation of future accommodation claims in most instances.. Parties involved in the litigation have stated that an … In this special issue Lizanne Gumbel QC explains the Court of Appeal’s much awaited judgment in Swift v Carpenter concerning accommodation claims. Swift v Carpenter: The Court of Appeal have, today, refused the Respondent’s application for Permission to Appeal to the Supreme Court and it is now left open to them to seek permission from the Supreme Court … The issue came before LJs Underhill, Irwin and Davies on appeal from Mrs Justice Lambert. The Court of Appeal handed down judgment in Swift v Carpenter [2020] EWCA Civ 1295 on October 9. The bad news is that the hearing was adjourned (for the parties to file further evidence). Judgment in Swift v Carpenter RTA case 'reverses 50 years of under-settlement'. If so then, whatever the perceived iniquities of the Roberts v Johnstone formula given the current discount rate, this is the end of the matter so far as I am concerned. Accommodation claims are now to be assessed using a life interest/reversionary interest model. Swift v Carpenter : Court of Appeal refused Respondent’s application for Permission to Appeal. Court of Appeal Judgment in Swift still awaited; Events, bogeymen and Rip Van Winkle; Judgment in Swift to be handed down on Friday, 9th October 2020; A victory for financial sense in Swift -v- Carpenter; ASHE 6115 2020 - the results are in! Roz Boynton details the key compensation points in a case in which the claimant was severely injured in a road traffic accident in 2013. “…that approach is no longer capable in modern conditions of delivering fair and reasonable compensation to a claimant.” [Irwin LJ @ §203] In June 2020 the Court of Appeal heard argument from the claimant that. The appeal was granted, and Mrs Swift awarded £801,913 representing the capital cost of £900,000 reduced by the value of the reversionary interest which was assessed as £98,087 using a 5% discount rate based on a life expectancy of 45.43. This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims. The insurer argued that the Court was bound by Roberts v Johnstone. As a lawyer specialising in complex and serious injury cases, I was delighted to read the landmark judgment of the English Court of Appeal in Swift v Carpenter (2020). She had not sought to adduce expert evidence at first instance. Swift v Carpenter: Court of Appeal not bound by Roberts v Johnstone 9th October 2020 The Court of Appeal has today handed down judgment in Swift v Carpenter.It has held that the Roberts v Johnstone methodology was “authoritative guidance” formulated by reference to the economic conditions of the time and not binding legal principle. He has co-written the below summary, which it is hoped will provide a user-friendly introduction to what is a long and complex judgment. 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