As we noted last week on the BLM twitter feed, the 15th edition of the Judicial College Guidelines for General Damages for Personal Injuries has just been published. The main headline is the consistent application of an increase of close to 7% to the figures in the last edition in order to allow for inflation.
Two decisions of the Court of Appeal in recent weeks have referred to approximately six million claims having been started in the low value RTA protocol since its introduction. That number is roughly equivalent to one in ten of the population of England & Wales. Both recent decisions – Aldred v Cham and Lai Ho v Adelekun – examine detailed points of the associated fixed costs regime and are said to affect significant numbers of cases.
Today and tomorrow, the Supreme Court will hear a case arising from the loss of the ship (The Atlantik Confidence) in 2013 in the Gulf of Aden. The UK-based hull underwriters had paid out under a settlement agreement but then sought recovery of the proceeds from the ship owner’s mortgagee, a bank registered in the Netherlands, arguing that the loss was misrepresented to them and actually resulted from a deliberate act by the owners. The settlement agreement contained an exclusive jurisdiction clause in favour of English courts.