Summary of Recent Cases – Substantive Law

Simmons v Castle [2012] EWCA Civ 1039, 2012 All ER (D) 335 (Jul).

The Court of Appeal made a declaration regarding the increase in general damages in tort actions. This increase was due to the forthcoming changes to litigation funding flowing from the Jackson reforms. The recommended 10% increase in general damages would be adopted as soon as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force on 1 April 2013. This uplift will apply to damages awarded for (i) pain, suffering and loss of amenity in respect of personal injury, (ii) nuisance, (iii) defamation and (iv) all other torts which cause suffering, inconvenience or distress to individuals.

August 16, 2012 · Editorial Team · Comments Closed
Posted in: Cases