Medical Law, Other Areas of Law
Mr Ten Percent: Resolved

Further to Ivor and Simon’s postings, this morning the Court of Appeal modified its ruling in Simmons v Castle as to how the 10 per cent increase in general damages recommended by Lord Justice Jackson will be applied.


The Court of Appeal made clear that Claimants who entered into CFAs before 1st April 2013 (who have the benefit of the current funding regime) will not benefit from this uplift.


The modified judgment now reads:-


“Accordingly, we take this opportunity to declare that, with effect from 1 April 2013, the proper level of general damages in all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii) physical inconvenience and discomfort, (iv) social discredit, (v) mental distress, or (vi) loss of society of relatives, will be 10 per cent higher than previously, unless the claimant falls within section 44(6) of LASPO.

“It therefore follows that, if the action now under appeal had been the subject of a judgment after 1 April 2013, then (unless the claimant had entered into a CFA before that date) the proper award of general damages would be 10 per cent higher than that agreed in this case, namely £22,000 rather than £20,000.”


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