Technical claims brief, monthly update – September 20121
NewsCourt of Appeal to reviewdecision on damagesincrease
In the August 2012 edition of the Brief we reported on the Court of Appealannouncement in the case of
that a ten percent increase ingeneral damages will apply to all casesheard in England and Wales where judgment is given on or after 1 April 2013.Following intervention from the Associationof British Insurers (ABI), the Court of Appeal agreed to re-open the case and on25 September 2012 heard an applicationfrom the ABI, that the ruling shouldbe amended to exclude cases whereConditional Fee Agreements have beenentered into prior to 1 April. This would prevent claimants frombenefiting from both success fees underthe pre-Jackson regime and the damagesincrease intended to recompenseclaimants for the loss of these same fees.Judgment is expected imminently.
Comment: Defendants fear that unless the judgment is amended claimants will either press for enhanced damages now or simply delay settlement.