Swift v Carpenter

Published 25 June 2020

The long-awaited and twice adjourned appeal of Swift v Carpenter started in the Court of Appeal on 23 June 2020.

This test case reviews the current approach to accommodation claims as set out in Roberts v Johnstone, which prevents claimants from recovering the additional capital cost of special accommodation, instead having to claim for the loss of income on such sums. Since a negative discount rate was imposed in March 2017, this formula has resulted in a nil damages award.

The Court is hearing evidence on both sides from an independent financial adviser, a surveyor, an economist and an actuary.  The Personal Injuries Bar Association also has permission to intervene.

In light of current Covid-19 restrictions, the case will be conducted remotely and live streamed via the judiciary’s YouTube channel here