Simmons v Castle [2012] EWCA Civ 1288, [2012] All ER (D) 90 (Oct)
Court of Appeal, Civil Division, Lord Judge CJ, Lord Neuberger MR, Maurice Kay VP, 10 October 2012
Paragraph 19 of the Court of Appeal’s judgment in the instant case reported at [2012] All ER (D) 335 (Jul) is to be deleted and para 20 is to be replaced with the following: “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% higher than previously, unless the claimant falls within s 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% higher than that agreed
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