The personal injury discount rate: how it should be set in future

Closed 11 May 2017

Opened 30 Mar 2017

Results updated 20 Mar 2018

The documents published comprise the government response to the consultation on how the personal injury discount rate should be set in future, which sets out the responses received to the questions raised and the government’s conclusions on the way forward in the light of those responses;

  • a Command Paper seeking views on draft legislation which embodies those conclusions
  • an impact assessment
  • reports by the Government Actuary’s Department and the British Institute of International and Comparative Law
  • correspondence relating to the setting of the discount rate in February 2017

Also published, the response to the Justice Select Committee’s report ‘pre-legislative scrutiny: draft personal injury discount rate clause’. It sets out the government’s response to the Committee’s recommendations.




This consultation forms part of the review of the framework under which the personal injury discount rate is set. The paper considers possibilities for how, when and by whom the discount rate should be set, but does not make specific proposals.

The core issues examined in the consultation paper are:

  • What principles should guide how the rate is set?
  • How often should the rate be set?
  • Who should set the discount rate?

The paper also considers whether sufficient use is being made of periodical payment orders.

The consultation is aimed at people and organisations with an interest in personal injury claims and damages in the UK.


  • Citizens
  • Local authorities
  • Legal professionals
  • Legal professional bodies
  • Journalists
  • Personal injury lawyers


  • Compensation
  • Courts