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Civil way: 14 September 2012

14 September 2012
Issue: 7529 / Categories: Features , Civil way , Procedure & practice
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Unless you are only just back from Mars or Stratford, you will be aware that general damages in personal injury tort cases are rising by 10% with effect from 1 April 2013

MORE QUESTIONS THAN ANSWERS

Unless you are only just back from Mars or Stratford, you will be aware that general damages in personal injury tort cases are rising by 10% with effect from 1 April 2013. The Court of Appeal, in declaring the rise in Simmons v Castle [2012] EWCA Civ 1039 through Lord Judge CJ, put it this way: “The proper level of general damages for (i) pain, suffering and loss of amenity in respect of personal injury, (ii) nuisance, (iii) defamation and (iv) all other torts which cause suffering , inconvenience or distress to individuals, will be 10% higher than previously.”

This is part of the Jackson package of reforms which also provides for the abolition of conditional fee agreement success fees (replaced in personal injury claims by a success fee capped at 25% and payable out of

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Freeths—Ruth Clare

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Partner appointed head of family team

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NEWS
Conveyancing lawyers have enjoyed a rapid win after campaigning against UK Finance’s decision to charge for access to the Mortgage Lenders’ Handbook
The Crown Prosecution Service (CPS) has launched a recruitment drive for talented early career and more senior barristers and solicitors
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
A Competition Appeal Tribunal (CAT) ruling has reopened debate on the availability of ‘user damages’ in competition claims. Writing in NLJ this week, Edward Nyman of Hausfeld explains how the CAT allowed Dr Liza Lovdahl Gormsen’s alternative damages case against Meta to proceed, rejecting arguments that such damages are barred in competition law
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