piBlawg

the personal injury and clinical negligence blog

A collaboration between Rebmark Legal Solutions and 1 Chancery Lane

Quantum Advice in the Shadow of Jackson

 

It may be tempting to ignore the implications of the Jackson reforms until April, however the increase in general damages needs to be factored into quantum assessments now. In short this is because:

·         With effect from 1 April 2013 the level of general damages will increase by 10 per cent (as stated in Simmons v Castle [2012] EWCA Civ 1039);

·         This will apply to all non-CFA funded cases determined after that date, and CFA cases where the CFA has been entered into on or after that date (as outlined in Simmons v Castle (No 2) [2012] EWCA Civ 1288); and

·         Therefore if advising on quantum in non-CFA claims likely to be tried after 1 April 2013, a 10% uplift on general damages should be included in your assessment.

It will be more important than ever that Part 36 offers are pitched at the right level as the defendant will, from April 2013, only be able to recover his/her costs in limited circumstances, one of which is the claimant not having beaten the defendant’s offer.

 
 
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