The Court held that a plaintiff under incapacity is entitled to an allowance for the future cost of managing the fund management component of her damages award ('fund management on fund management'), rejecting the characterisation of this as double counting and departing from Buckman and Haywood. The Court further held that income earned on investment of the damages fund must be included in the fund upon which management fees are calculated ('fund management on fund income'), declining to follow Rottenbury, and that the appropriate assumed earnings rate for this calculation is 5 per cent, reflecting the statutory discount rate under s 127 of the Motor Accidents Compensation Act 1999. The rate of management fees and whether any early deductions from the fund were appropriate were deferred for later determination.
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