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PI Brief Update

Editorial: General Damages up 10% - Aidan Ellis, Temple Garden Chambers

17/08/12. By now, I suspect most PI practitioners will have marked 1 April 2013 in their diaries as the date on which general damages will be increased by 10% as a result of the Court of Appeal decision in Simmons v Castle [2012] EWCA Civ 1039. Allow me to venture some thoughts about this decision.

First, is there not something unusual about the Court of Appeal’s decision? After all in Simmons v Castle itself, the Court was simply called upon to approve the settlement of a case. The issue of the increase in general damages was not relevant to the task of approving that settlement, nor was it addressed in argument. This stands in stark contrast to...

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The opinions expressed in the articles are the authors' own, not those of Law Brief Publishing Ltd, and are not necessarily commensurate with general legal or medico-legal expert consensus of opinion and/or literature. Any medical content is not exhaustive but at a level for the non-medical reader to understand. 

Professional advice should always be obtained before applying any information to particular circumstances.

Excerpts from judgments and statutes are Crown copyright. Any Crown Copyright material is reproduced with the permission of the Controller of OPSI and the Queen’s Printer for Scotland under the Open Government Licence.