Description
General Damages to increase by 10% for awards made after 01.04.13/Uplift in General Damages
The Court of Appeal made a declaration regarding the increase in general damages in tort actions. This increase was due to the forthcoming changes to litigation funding flowing from the Jackson reforms. The recommended 10% increase in general damages would be adopted as soon as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 comes into force on 1 April 2013. This uplift will apply to damages awarded for (i) pain, suffering and loss of amenity in respect of personal injury, (ii) nuisance, (iii) defamation and (iv) all other torts which cause suffering, inconvenience or distress to individuals.
The endorsement of a settlement in a personal injury action between the appellant motorcyclist and the respondent car driver provided the Court of Appeal with an opportunity to declare an increase of 10 per cent in general damages in most tort actions with effect from April 1, 2013. Consistency of approach in the assessment of damages was important because it was a fundamental aspect of justice, and because it assisted settlement. The court had the power and a continuous responsibility to monitor and set the guideline rates for general damages in tort claims, including personal injury actions. Although guidelines as to the quantum of conventional damages were neither rules of law, nor practice rules, they were addressed to first instance judges, and it was highly desirable that parties to litigation and their advisers had confidence that trial judges would apply them.
