Introduction
Thank you for your interest in becoming a member of the Personal Injury Discount Rate (PIDR) Expert Panel. This is a rare opportunity to join a statutory panel whose role it is to provide advice directly to the Lord Chancellor. You will be helping to inform the approach to compensation for victims of life changing injuries.
We are seeking an individual who is an authority in their field and can work collaboratively with the three other members of the panel and the Government Actuary as Chair. If you believe you have the experience and qualities we are seeking, I hope you will consider applying for this position.
If you have further questions about this post, please contact personal-injury-discount-rate@justice.gov.uk
Appointment description
Job Description
Acting as the Expert Panel member with experience of managing investments will be an exciting opportunity to inform government decision-making in an area which has a tangible impact on citizens in ensuring fair compensation for the victims of life-changing injuries. It is expected that this member will be able to use this knowledge to provide detailed, accurate advice as to how the PIDR could be set in accordance with the legal framework set out in the legislation.
Organisation description
The PIDR is a statutory method for the way lump sum compensation for future financial loss is calculated in serious personal injury cases (i.e., those whose impacts are expected to last over a period of years). In such cases, some or all of the compensation is received in the form of a lump sum payment which, as it is received in advance of when it is needed, it is assumed that the recipient (the claimant) will invest.
The purpose of the PIDR is to reflect that the return that a claimant could reasonably be expected to receive from investing the lump sum element of damages is to be considered as available to meet their needs. The availability of that return can be reflected in a reduction in the lump sum that would otherwise be awarded based all other relevant factors such as the nature and severity of the injury and its expected duration. More specifically, the lower the PIDR, the larger the lump sum will need to be.
The PIDR is therefore an essential part of calculating appropriate levels of compensation in cases of serious injury and it is the duty of the Lord Chancellor under the Damages Act 1996 (DA 1996) to set the PIDR.
The Civil Liability Act 2018 (CLA) amended the DA 1996 to specify a new methodology for the Lord Chancellor to review and set the PIDR. The Lord Chancellor’s next review must be commenced before 15 July 2024 and the legislation stipulates that Lord Chancellor must establish an expert panel, chaired by the Government Actuary, to advise for that purpose.
The Expert Panel
Upon the Lord Chancellor’s direct consultation of the expert panel, its role is to provide independent advice. The Expert Panel will act in a collective capacity when offering its advice.
The panel, appointed by the Lord Chancellor, is established for each rate review only - ceasing to exist when that review is concluded – and must operate within the statutory timeline stipulated by the CLA. It is expected that some of the panel’s advice to the Lord Chancellor will be made public.
The role of the Expert Panel is to advise the Lord Chancellor on different investment decisions that claimants could be expected to make, including the likely nominal returns, the relevant indices of inflation to convert them into real values, and other matters such as the appropriate deductions for investment management costs and taxation. The Expert Panel will also provide the Lord Chancellor with explanation of the likely outcomes of different options for the PIDR such as whether a single PIDR (as now) is set or whether setting more than one PIDR is more appropriate.
The rate, or rates, itself will be set by the Lord Chancellor following consultation with both the Expert Panel and HM Treasury. The panel is an opportunity to bring additional expertise into the review process.
The Government Actuary will chair the panel with four additional members to be appointed by the Lord Chancellor. In line with the requirements of the DA 1996 we are looking for:
1. one member with experience as an actuary;
2. one member with experience of managing investments;
3. one member with experience as an economist; and
4. one member with experience in consumer matters as relating to investments.
In providing advice to the Lord Chancellor, the Expert Panel will be required to consider a government consultation on the PIDR, the responses from a Call for Evidence and may commission other research or analysis they deem necessary. The role may also involve working with others (outside of the four members and Chair) who the panel may invite to attend or speak at meetings, consult externally and commission information or analysis from. The MoJ will act as secretariat to the panel.
Panel members will act as independent experts in providing their advice and will be required to disclose potential conflicts of interest. Further information on the role of the Expert Panel can be accessed in the Terms of Reference.
Essential criteria
Candidates will be able to demonstrate the following:
• Practical experience or academic expertise of long-term portfolio construction, management and an understanding of client motivations and objectives;
• Deep understanding of the economic, social and technological factors affecting long-term investments;
• Capacity to commit to the flexible working commitments required by the panel and excellent time management skills;
• Effective communication and written skills;
• A high degree of impartiality and integrity; and
• The ability to analyse and debate complex issues.
Desirable criteria
• Knowledge of the PIDR and the considerations which are relevant to setting it; and
• Knowledge of the relevant stakeholders and sectors interested in and affected by the PIDR.