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07 September 2012 / Kate Parker
Issue: 7528 / Categories: Features , Damages , Costs , Personal injury
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The next step

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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 agreements (CFAs), provisions now incorporated into the Legal Aid, Sentencing

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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