Simmons v Castle ( 2012 EWCA Civ 1039)

On 26 July 2012 the Court of Appeal announced that from 1 April 2013, general damages in tort cases would be increased by 10%  as recommended by Lord Justice Jackson.

On 16/8/2012 the ABI asked the court to reconsider whether the10% increase should apply to  all cases.

On 25 September 2012 the Court of Appeal modified its rulings.

The Court of Appeal made clear that Claimants who enter into CFA’s before 1 April 2013 (who had the benefit of the current funding regime) will not benefit from the uplift.

The modified judgment now reads

“...with effect from 1 April 2013 the proper level of general damages in all civil claims for 1) pain and suffering and loss of amenity 2) nuisance  3)defamation 4) and  other torts which cause suffering, inconvenience or distress to individuals will be 10% higher than previously.

It therefore follows that if the action now under appeal has been 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 will be 10% higher than that agreed in this case.’’