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Darryl Allen QC in Court of Appeal hearing to revisit Roberts v. Johnstone

22nd June 2020

In Swift v. Carpenter [judgment link], Mrs Justice Lambert found that the cost of a larger suitable property to meet the seriously injured claimant’s needs was £900,000 more than the value of her existing property.  However, she held that she was bound by Roberts v. Johnstone to find (i) that the claimant’s loss was the annual loss of use of capital tied up in purchasing the larger property, and (ii) that annual loss was to be calculated by the strict application of the statutory discount rate of minus 0.75%.  As a result she made a nil award for the capital cost of purchasing the larger property.  She gave permission to appeal on that issue.


Over the next three days the Court of Appeal will receive oral expert evidence and submissions as to whether the Roberts v. Johnstone formula remains fit for purpose or whether an alternative approach to the quantification of loss should be adopted.


Darryl Allen QC and Richard Whitehall [Deans Court Chambers] are instructed by Nicola Hardy of Simpson Millar on behalf of the Personal Injuries Bar Association as the only intervener in the appeal.


Given the importance of the issues in the appeal, the hearing is to be live streamed via the Judiciary YouTube channel which can be accessed here.  The hearing starts at 10:00am on 23rd June 2020.

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