Wells v Wells

Damages for future losses in personal injury cases should be calculated on the assumption that the claimant will invest the money in index linked government stock, so the discount rate should be lower.

Citation
[1999] 1 AC 345
Court
House of Lords
Year
1999
Subject
Tort Law
Topic
Defences and damages

Facts

The House of Lords heard three appeals by claimants who had suffered serious injuries and would need care for the rest of their lives, including Mrs Wells, a nurse who suffered brain damage in a road accident. The question was how their damages for future losses should be calculated, and in particular what discount rate should be used to reflect the fact that the claimants would receive their damages as a lump sum, which they could invest.

Legal principle

The House of Lords held that the discount rate should be based on the return from index linked government stock, which was about 3 per cent, rather than the 4 to 5 per cent assumed for investment in equities. Lord Lloyd said that claimants are not ordinary investors, because they need to be certain that their damages will meet their needs, and that the purpose of damages is to put the claimant in the same position as if he had not been injured, so the claimant should not be expected to take investment risks. The discount rate is now set by the Lord Chancellor under the Damages Act 1996.

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