Civil Liability Bill – accounting for savings arising

As anticipated in yesterday’s blog about the Bill’s second reading, various amendments from the government and oppositon have now been published. These will be debated next week, in Committee stages scheduled for 11 and 13 September. Both sets of amendments address the whiplash reforms in part 1 of the Bill and don’t touch* on the discount rate measures in part 2, which seems to be a clear sign that it is far less politically-charged than whiplash. Continue reading

Summers v Bundy: Court of Appeal confirms that ending recoverable success fees means that ten percent more general damages is obligatory

Back in 2009, the Jackson report recommended the ending of recoverable success fee uplifts and, in their place, that the claimant should recover ten percent more by way of general damages. Six years on, it is rather ‘old hat’ to point that these changes were implemented together, applying from 1 April 2013, by the LASPO Act 2012 and by the Court of Appeal’s second decision in Simmons v Castle in October 2012. Continue reading

“The somewhat controversial function of bereavement damages” – part II

Last October a report was posted here under the above title. This phrase was taken from a paper issued by the Department of Justice in Northern Ireland (DoJNI) in which it outlined approaches for bringing statutory bereavement damages awards up to date. Further details were provided in this post in mid-October. On 29 January 2016, the DoJNI reported that it has decided to increase the statutory award, when legislative time allows, in line with the Consumer Prices Index (CPI). It also said that further updating of the figure should happen every three years. The body of this post also reports on two related matters in England and Wales. Continue reading