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On 27th July 2012 we blogged about the decision made in the Court of Appeal, that confirmed that general damages will increase by 10% for all judgments made after 1 April 2013.

Since that date there has been some further developments and the Court of Appeal has handed down a further judgment, revising the guidance which it issued on 26th July 2012 (Simmons v Castle [2012] EWCA Civ 1039).

The Court of Appeal originally decided that the increase should apply in all cases after 1 April 2013 (the expected implementation date of the relevant provisions of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO).

Following this, the Association of British Insurers (ABI) made an application to re-open the judgment on the grounds that it would upset the carefully balanced package of Government reforms to the civil litigation system by introducing the 10% increase in general damages ahead of other measures.

The court has now issued revised guidance in order that the increase will not be awarded to any litigant who already has the benefit of a CFA or CCFA before 1 April 2013 (section 44(6) of LASPO).

The Court confirmed in all other cases, the increase will be applied on all matters decided after that date, regardless of when they were commenced.

Here at Croftons, our Injury Claims Specialists can help you bring a claim for damages for an accident you may have had recently. If you would like free no obligation advice on how the recent revised judgment may affect you, do not delay in contacting us. Our injury claims team offer specialist advise and deal with a variety of accident claims.

Lee Jones, Partner

Posted on 10.10.12

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