Draft Damages (Jersey) Law

Scrutiny review - Corporate Services Panel

Launch date: 26/10/2018

Review status: Report published

What is the review about?

​The Draft Damages (Jersey) Law was lodged by the Chief Minister on 24th October 2018 and will be debated by the States Assembly on 4th December 2018.

The draft Law addresses 2 issues relating to awards of damages for those who suffer long-term injuries and require ongoing care. It introduces a statutory discount rate for lump sum damages awards and it provides a statutory power to award damages by way of “Periodical Payment Orders” (annual payments to cover future care costs and loss of earnings).

How to get involved

The deadline for providing submissions to the Panel has now closed, but if you wish to contact us about the review, please email s.spottiswoode2@gov.je.

We are coordinating our review with the government to avoid stakeholders being asked to comment twice on the same proposals. All published evidence will be available to the government, and government officials may follow up with stakeholders for further technical input on the draft law.

At the end of the review, we will publish our independent report on the draft law.

All submissions are uploaded to our website, with the exception of any submissions received under a confidential or private agreement, in accordance with Jersey Data Protection legislation, which will not be released into the public domain. Further the Panel may cite submissions uploaded to our website in its final report to the States Assembly.

Review progress

​We have held Public hearings with the Chief Minister and Jersey Primary Care Body.

Webcast of public hearing with the Chief Minister

Webcast of public hearing with Jersey Primary Care Body and Hempsons Solicitors

Webcast of public hearing with BCR Law

The Panel wrote to the Chief Minister on 20th December 2018 outlining a number of concerns about the draft law raised in the evidence it received, and asking for clarification in a number of areas. The Chief Minister responded on 10th January.

Terms of reference

  1. What changes are being proposed to compensation payments in personal injury cases in Jersey?
  2. Why are the changes contained in the draft Damages Law necessary?
  3. What problems (potential and actual) are there for doctors in obtaining medical indemnity insurance in Jersey (and Guernsey)?
    • What is the wider context that any such problems are set against?
    • What would be the impact on members of the public accessing healthcare in Jersey and Guernsey if concerns around doctors’ indemnity insurance are not resolved?
    • Will the draft Damages Law resolve the problems identified, either partly or fully?
  4. What impact will the draft Damages Law have on recipients of damages awards in Jersey in the future?
  5. What will be the impact of introducing a statutory discount rate for damages awards?
    • What discount rates have been set with regards to damages awards up until now?
  6. What will be the impact of putting into statute the power of the court to make periodic payment orders for damages awards?



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