The Corporate Services Scrutiny Panel has published a report on the Government’s proposals to reform Jersey’s system of personal injury damages. The report highlights concerns raised by some stakeholders about the Government’s proposals and recommends that, if the law is approved, more detail should be brought forward in certain areas.
The Draft Damages (Jersey) Law is due to be debated by the States Assembly on 29th January. It introduces a statutory discount rate to be used when calculating damages awards and a statutory ability for courts to make damages awards in a series of regular payments (Periodical Payment Orders).
The Panel received 13 submissions to its review, many of which offered detailed and technical comments on the draft law. Three public hearings were also held in order to take oral evidence on the draft law. All evidence received has been published on the States Assembly website (statesassembly.gov.je), including copies of submissions, webcasts and transcripts of the public hearings.
Senator Kristina Moore, Chairman of the Panel, commented "This was a complex review. We have heard a number of differing views and opinions on the draft law. We acknowledge the need for legislating in this area and most stakeholders support the principle of a new Damages Law.
In our report we have tried to balance the evidence we received – recognising the need to properly compensate personal injury victims, while at the same time being mindful of the impact on society of large damages awards, particularly in relation to medical insurance premiums.
Based on evidence we received, we have recommended that the Government brings forward detailed regulations within 3 months regarding setting the discount rate and reviews of Periodical Payment Orders.”
Scrutiny Press Release.