Live streamed appeal of Swift v Carpenter: the good news and the bad

The opening of the Swift v Carpenter [2018] EWHC 2060 (QB) appeal was live streamed from the CA this morning.  Specialist personal injury barrister Hannah Godfrey explains the good news, and the bad.

The bad news is that the hearing was adjourned (for the parties to file further evidence).  There is another hearing on Wednesday 24th July at 2.15 pm before Irwin LJ, to case manage the adjourned hearing to be re-listed for 3 days in the Hillary Term. PIBA was granted permission to intervene and all parties will be given permission to adduce expert financial evidence and to lodge further written submissions. 

The good news is that the Court of Appeal (Underhill LJ, Irwin LJ and Nicola Davies LJ) made it clear they consider this is a test case and actively want to consider all the available options for the benefit of others as well as Ms Swift.  The court specifically said it would ‘welcome a fuller review of all possible alternatives, rather than just those for which the parties are contending.  PIBA has opened up some doors but they may need to be opened a bit wider’.  The parties may of course prefer to compromise the appeal now that the Court has indicated it is willing to hear the full range of options to value the loss but if the appeal proceeds then we should have some clarity re Robert v Johnstone claims under the new discount rate in or around Spring 2020.   

Click here for the full lower court Judgment.