Court of Appeal revises the guidance given in Simmons -v- Castle

The Court of Appeal gave judgment this morning, revising the guidance which it issued on 26 July 2012 in Simmons v Castle [2012] EWCA Civ 1039 about the implementation of the 10% increase in general damages  expected as part of the Jackson reforms of civil litigation funding.

The Court of Appeal originally decided that the increase should apply in all cases decided after 1 April 2013.  Following an appeal by the Association of British Insurers, the Court has revised the guidance;  the increase will not be awarded to any litigant who already has the benefit of a CFA or CCFA entered into before 1 April 2013.  The Court has confirmed that in all other cases, the increase will be applied to all cases decided after that date, regardless of when they were commenced.