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14 September 2012
Issue: 7529 / Categories: Features , Civil way , Procedure & practice
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Civil way: 14 September 2012

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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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