Simmons v Castle [2012] EWCA Civ 1039
The Court of Appeal (CoA) has taken the unprecedented step of reopening its decision in the case of Simmons v Castle following an application to intervene by the Association of British Insurers (ABI) which, to date, has been critical of CoA’s ruling.
just one of the proposed reforms due to come into force April next year.
The application to intervene was approved by Lord Neuberger, who is still Master of the Rolls and who sat in Simmons, alongside the Lord Chief Justice, Lord Judge, and Lord Justice Maurice Kay, who is vice-president of the Court of Appeal.
The Simmons decision sought to implement an increase of 10% on damages, recommended by Lord Justice Jackson and which the government repeatedly said during passage of the LASPO Act 2012 was a matter for the courts to deal with, rather than to implement it through legislation (which was a wrong decision in our view!)
Bearing in mind that there was no argument on the issue before the court, the ABI’s primary concern is that CFA cases which are begun before 1 April 2013 but conclude after that date will benefit from both the 10% uplift and the continued recoverability of any success fee and ATE insurance premiums.
Other issues, such as whether the uplift should apply to non-PI damages, are also likely to be addressed ahead of the pre-trial hearing listed 25 September 2012.