Summers v Bundy

Summers v Bundy

A legally aided claimant is entitled as of right to the 10% uplift in general damages for pain, suffering and loss of amenity; the trial judge has no discretion to withhold the uplift except for claimants within section 44(6) of the 2012 Act.

Parties
Claimant/appellant: Summers; Defendant/respondent: Bundy
Jurisdiction
England and Wales
Judgment Date
11 February 2016
Procedural Posture
Clinical Negligence/personal Injury Appeal / Appeal From Assessment of Damages
Outcome
Appeal allowed
Legal Topics
General Damages Uplift, Legal Aid and Damages, Simmons V Castle Application
Tort Law Civil Procedure General Damages Uplift Legal Aid and Damages Simmons V Castle Application

Case Brief

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Parties

Summers

Claimant/appellant

Bundy

Defendant/respondent

Procedural Posture

Clinical Negligence/personal Injury Appeal / Appeal From Assessment of Damages

Legal Issues

  1. 1 Whether a legally aided claimant is entitled as of right to the 10% uplift in general damages for pain, suffering and loss of amenity post-Simmons v Castle
  2. 2 Whether the trial judge had discretion to withhold the 10% uplift from a legally aided claimant

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; the trial judge has no discretion to withhold the uplift except for claimants within section 44(6) of the 2012 Act.

Court Disposition

Appeal allowed

Orders

  • General damages for pain, suffering and loss of amenity increased by 10% uplift as required by Simmons v Castle
  • Total judgment sum increased to £46,759.30