Personal Injury damages set to rise by 10% in 2013.

The Court of Appeal confirmed in Simmons v Castle [2012] EWCA Civ 1039 that, from 1 April 2013, general damages will increase by 10% in cases involving pain, suffering and loss of amenity in respect of personal injury, nuisance, defamation, and all other torts which cause suffering, inconvenience or distress to individuals.

The changes announced mean that those being sued in the Civil Courts will no longer have to pay the ‘success fee’ of the lawyers should they lose their case. Under the current Conditional Fee arrangements lawyers are able to recover a ‘success fee’ and many of them are doubling their prices as it is the opposing party who is liable to pay them.

The recently passed Legal Aid, Sentencing and Punishment of Offenders Act 2012 has changed the way cases are funded, it is currently the case that costs are recovered from the other side, the changes propose that ‘winners’ have to pay the success fee out of their damages award.

If you have a Personal Injury claim you wish to pursue, please QualitySolicitors Large and Gibson, where our Litigation Partner Peter Dymock who has over 20 years experience will be happy to assist you.

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