header-logo header-logo

14 September 2012
Issue: 7529 / Categories: Features , Civil way , Procedure & practice
printer mail-detail

Civil way: 14 September 2012

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 the claimant’s own damages excluding those for future care and loss)

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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
back-to-top-scroll