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PI Brief Update

Ill blows the wind.... - Helen Tinkler, BPP & Central Law Training

18/10/12. There has been a warm welcome from certain quarters for the judgment handed down last week (10 October) in Simmons v Castle [2012] EWCA Civ 1288. You haven't heard? The one in which the judges decided that for those claimants funding their claims with a CFA entered into before 1 April 2013, April will, indeed, be the cruellest month as they will not reap a 10% hike in their general damages by virtue of having sown the seeds of their CFA before 1 April 2013? Yes, that judgment, which revisited the earlier, July, episode in the saga of the implementation of the LASPO recommendations.

The ABI, or first interested party (but behind them ranked every insurer up and down the land), tapping into the initial premise that the primary purpose of the 10% increase in general damages was to compensate successful claimants for the loss of the right to recover the success fee from the defendant, successfully argued that it was illogical and unfair on defendants if the increase would be enjoyed by successful CFA claimants who, because of the wording of...

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All information on this site was believed to be correct by the relevant authors at the time of writing. All content is for information purposes only and is not intended as legal advice. No liability is accepted by either the publisher or the author(s) for any errors or omissions (whether negligent or not) that it may contain. 

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.