header-logo header-logo

07 September 2012 / Kate Parker
Issue: 7528 / Categories: Features , Damages , Costs , Personal injury
printer mail-detail

The next step

stairway_4

Does Simmons v Castle bring simplicity & clarity to damages for tort, asks Kate Parker

The Lord Chief Justice, Master of the Rolls and Vice President of the Court of Appeal gave judgment on a consent order in Simmons v Castle [2012] EWCA Civ 1039—something that would normally be dealt with by a single judge in writing. The judgment was used as an opportunity to formally announce a 10% increase in general damages for most tort actions, where judgment is given after
1 April 2013. The court went on to state: “While it can be said that this conclusion does not achieve perfect justice in every case…Our conclusion has the great merits of providing a simplicity and clarity.”

Time for change

This increase was a key feature of Sir Rupert Jackson’s “package of recommendations” for civil costs reform. It was intended to help compensate claimants for the non-recoverability of success fees and ATE premiums in post-1 April 2013 conditional fee

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
Climate change belongs on every lawyer’s agenda, with risks extending far beyond environmental practice into commercial advice, litigation and access to justice
back-to-top-scroll