26 July 2012Print This Post

Court of Appeal confirms general damages to increase by 10% from April 2013

The Court of Appeal handed down a judgment today which will lead to an increase in general damages in most civil cases from 1 April 2013

The court used the case of

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One Response to “Court of Appeal confirms general damages to increase by 10% from April 2013”

  1. The Court of Appeal identifies that this 10% increase will not achieve perfect justice, however the immediate injustice that springs to mind is that the increase in damages was supposed to be a trade off for the claimant having to pay his own success fee (and ATE premium if he has one). However, the additional liabilities will only be irrecoverable for cases that are issued on or after 1 April 2013 whereas damages will increase for all judgments after that date.

    There will therefore be a considerable overlap period when insurers are both paying the extra 10% in general damages and having to pay the solicitor’s success fee and the ATE premium.

    There is the added concern that claimants could now string their cases out in order to get the extra 10% for concluding the case after 1st April next year.

    Jon Lord, Principal Costs Lawyer, Cost Advocates

  2. Jon Lord on July 26th, 2012 at 3:58 pm