Simmons v Castle & Ors [2012] EWCA Civ 1288 (10 October 2012)

Simmons v Castle & Ors [2012] EWCA Civ 1288 (10 October 2012)

The 10% increase in general damages applies to all civil claims for pain and suffering, loss of amenity, physical inconvenience and discomfort, social discredit, or mental distress 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 a success fee under a pre-1 April 2013 CFA).

Citation
[2012] EWCA Civ 1288
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 of Guidance on Damages
Outcome
Application granted in part; original guidance varied.
Legal Topics
General Damages, Conditional Fee Agreements, Success Fees, Transitional Provisions, Non Pecuniary Loss, LASPO 2012
Civil Procedure Personal Injury Costs General Damages Conditional Fee Agreements Success Fees Transitional Provisions Non Pecuniary Loss +1 more

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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 of Guidance on Damages

Legal Issues

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

Ratio Decidendi

The 10% increase in general damages applies to all civil claims for pain and suffering, loss of amenity, physical inconvenience and discomfort, social discredit, or mental distress 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 a success fee under a pre-1 April 2013 CFA).

Court Disposition

Application granted in part; original guidance varied.

Orders

  • 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.
  • If the action under appeal had been the subject of a judgment after 1 April 2013, and unless the claimant had entered into a CFA before that date, the proper award of general damages would be £22,000 rather than £20,000.