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Darryl Allen QC, Chair of PIBA - An update on Swift -v- Carpenter


8th August 2019

The Court of Appeal [Underhill, Irwin and Nicola Davies LJJ] has granted PIBA permission to intervene in Swift v Carpenter in relation to the vexed issue of compensation to fund suitable adaptable accommodation in serious injury claims.  Nicola Hardy of Simpson Millar LLP has kindly agreed to act pro bono as solicitor for PIBA.  Richard Whitehall and I are appearing on behalf of PIBA.

 

The recent Court of Appeal hearing was adjourned, on the Claimant’s application but at the Court’s initiation, for expert evidence to be obtained from experts in the following disciplines IFA/mortgage borrowing expert, valuer /surveyor, economist and actuary.  The experts are to comment on the following issues:

 

(i)                  indexation of borrowing costs;

(ii)                the impact of inflation

(iii)              investment return and discount rates

(iv)              mortgage rates, products and the costs of borrowing for the purchase of property; and

(v)                valuation of a potential reversionary interest in any property purchased by the Appellant.

 

A copy of the Court of Appeal Order is available here.

The appeal is due to be heard over three days in March 2020 with the very real prospect of oral expert evidence and cross-examination in the Court of Appeal.

 

PIBA’s Skeleton Arguments for the hearing in Swift can be found here.  You will also find PIBA’s Skeleton Argument for the earlier compromised appeal in JR here.

 

I will keep you updated on any developments in Swift.

 

Yours,

Darryl Allen QC

Chair of PIBA



Associated Members


 

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