Summers v Bundy [2016] EWCA Civ 126 (11 February 2016)

Summers v Bundy [2016] EWCA Civ 126 (11 February 2016)

A legally aided claimant is entitled as of right to the 10% uplift in general damages for pain, suffering and loss of amenity, and the trial judge has no discretion to withhold the uplift; Simmons v Castle is binding and admits only the section 44(6) exception.

Citation
[2016] EWCA Civ 126
Parties
Claimant/appellant: Summers; Defendant/respondent: Bundy
Jurisdiction
England and Wales
Judgment Date
11 February 2016
Procedural Posture
Clinical Negligence Claim (personal Injury) / Appeal From Assessment of Damages After Default Judgment
Outcome
Appeal allowed
Legal Topics
General Damages Uplift, Legal Aid and Damages, Simmons V Castle Uplift, Discretion in Damages Awards
Personal Injury Civil Procedure General Damages Uplift Legal Aid and Damages Simmons V Castle Uplift Discretion in Damages Awards

Case Brief

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Parties

Summers

Claimant/appellant

Bundy

Defendant/respondent

Procedural Posture

Clinical Negligence Claim (personal Injury) / Appeal From Assessment of Damages After Default Judgment

Legal Issues

  1. 1 Whether a legally aided claimant is entitled as of right to the 10% uplift in general damages established by Simmons v Castle
  2. 2 Whether the trial judge has discretion to withhold the 10% uplift from legally aided claimants

Ratio Decidendi

A legally aided claimant is entitled as of right to the 10% uplift in general damages for pain, suffering and loss of amenity, and the trial judge has no discretion to withhold the uplift; Simmons v Castle is binding and admits only the section 44(6) exception.

Court Disposition

Appeal allowed

Orders

  • Award of general damages increased by 10% uplift to £30,250 (from £27,500)
  • Total judgment sum (including interest and other damages) increased to £46,759.30