Judges to deliver verdict on damages increase 'within days'

Three of the country's top judges will deliver 'within days' their ruling on whether the 10 per cent increase in general damages promised by Lord Justice Jackson will apply from 1 April 2013, APIL has said.

A spokesman said the judgment must be handed down before Lord Neuberger becomes president of the Supreme Court on Monday next week.

Today's hearing follows the Court of Appeal's decision to reopen its ruling in Simmons v Castle [2012] EWCA Civ 1039 in response to an application by the Association of British Insurers.

The judges involved are Lord Neuberger, currently the Master of the Rolls, Lord Judge, the Lord Chief Justice and Lord Justice Maurice Kay, vice president of the Court of Appeal.

The increase would apply to personal injury cases, nuisance, defamation and 'all other torts which cause suffering, inconvenience or distress to individuals', the judges said.

APIL argued that the Court of Appeal's judgment represented 'a balanced approach to the implementation of Lord Justice Jackson's recommendations'.

The association said: 'As Jackson observed, 'the level of damages in England and Wales is not high at the moment' and it was his intention that damages be increased by ten per cent for all claimants 'at the opportune moment'.

'There is much more in the package of reforms than recoverability of success fees, such as QOCS, Part 36 offers and a new rule on proportionality.

'Clearly there is not going to be one single day on which every aspect of the reforms is introduced and the court has used its remit of providing guidance on general damages to provide a simple, workable solution which avoids any risk of satellite litigation.'

APIL was represented by Grahame Aldous QC, of 9 Gough Square.