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PRACTICE: Examining a gift horse

28 September 2012  

Tracy Head examines the tension between Jackson and the Court of Appeal’s declaration to increase general damages

Lord Justice Jackson made 109 recommendations in his final report as the basis of fundamental review of the rules and principles governing the costs of civil litigation (published in January 2010). The tenth recommendation in the list was that in personal injuries litigation the level of general damages for pain, suffering and loss of amenity (PSLA) be increased by 10%. He made the same recommendation for nuisance, defamation and any other tort that causes suffering to individuals.


Additional Info

  • Case(s) Referenced:

    Simmons v Castle [2012] EWCA Civ 1039