Simmons v Castle & Ors

Simmons v Castle & Ors

The 10% increase in general damages applies to all civil claims for non-pecuniary loss where judgment is given after 1 April 2013, except for claimants who fall within section 44(6) of LASPO (i.e., those entitled to recover success fees under pre-1 April 2013 CFAs). The increase is not limited to tort but extends to contract and other civil claims involving pain, suffering, loss of amenity, physical inconvenience, social discredit, or mental distress.

Parties
Appellant: Christopher Simmons; Respondent: Derek Castle; First Interested Party: Association of British Insurers; Second Interested Party: Association of Personal Injury Lawyers; Third Interested Party: Personal Injuries Bar Association
Jurisdiction
England and Wales
Judgment Date
10 October 2012
Procedural Posture
Civil Appeal / Post Judgment Application for Reconsideration
Outcome
Application allowed in part; original judgment varied
Legal Topics
General Damages, Conditional Fee Agreements, LASPO Transitional Provisions, Damages Based Agreements, Non Pecuniary Loss
Civil Procedure Personal Injury Costs General Damages Conditional Fee Agreements LASPO Transitional Provisions Damages Based Agreements Non Pecuniary Loss

Case Brief

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Parties

Christopher Simmons

Appellant

Derek Castle

Respondent

Association of British Insurers

First Interested Party

Association of Personal Injury Lawyers

Second Interested Party

Personal Injuries Bar Association

Third Interested Party

Procedural Posture

Civil Appeal / Post Judgment Application for Reconsideration

Legal Issues

  1. 1 Whether the 10% increase in general damages should apply to all cases where judgment is given after 1 April 2013 or be limited to certain claimants based on funding arrangements
  2. 2 Whether the increase should extend beyond tort to contract and other civil claims involving non-pecuniary loss

Ratio Decidendi

The 10% increase in general damages applies to all civil claims for non-pecuniary loss where judgment is given after 1 April 2013, except for claimants who fall within section 44(6) of LASPO (i.e., those entitled to recover success fees under pre-1 April 2013 CFAs). The increase is not limited to tort but extends to contract and other civil claims involving pain, suffering, loss of amenity, physical inconvenience, social discredit, or mental distress.

Court Disposition

Application allowed in part; original judgment varied

Orders

  • Paragraph 19 of the earlier judgment deleted; paragraph 20 replaced to clarify the scope of the 10% increase in general damages.
  • Declared that, with effect from 1 April 2013, general damages in all civil claims for pain and suffering, loss of amenity, physical inconvenience and discomfort, social discredit, or mental distress will be 10% higher than previously, unless the claimant falls within section 44(6) of LASPO.