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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

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

Freeths—Michelle Kirkland Elias

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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
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