The Court of Appeal is reopening the appeal in Simmons v Castle 9 in which it confirmed in July that general damages in certain types of civil cases would increase by 10% from 1 April 2013. It seems that the Association of British Insurers (ABI) has made an application to intervene in the case, calling for the judgment to be reviewed. It is reported that the Court of Appeal has ordered ABI to notify the Association of Personal Injury Lawyers and the Personal Injuries Bar Association about its application. Those two organisations have until 11 September to make submissions to the court. There will then be a pre-trial hearing on 25 September.
One of the primary concerns expressed by insurers about the 10% uplift in damages is that a successful claimant who begins a claim before 1 April 2013, under a conditional fee agreement or with the benefit of after the event (ATE) insurance, will be entitled to both the 10% increase in damages and the continued recoverability of any success fee or ATE insurance premium if the proceedings conclude after 1 April 2013.
