In 2013 major reforms were made to the civil jjustice system, implementing the recommendations of Sir Rupert Jackson.
Whilst claimants will now usually have to contribute to their own legal costs. To help ofset that, on the successful conclusion of the claim, the courts are expected to award an extra 10% on the figure given as compensation for pain, suffering and loss of amenity.
But does this always happen?
Lawyers acting for claimants need to ensure the additional entitlement is not overlooked when assessing the appropriate figure for compensation. It may also be necessary to remind the courts of the need for that additional award in appropriate cases.
In a case recently run by Atherton Godfrey the court exercised “discretion” not to award the additional compensation. Our lawyers promptly made application for permission to appeal. That application was dealt with by Lord Justice Jackson himself, who granted permission to appeal on the basis that:
“The appellant was entitled to a 10% uplift on general damages and the appeal is bound to succeed.”
John McQuater, partner and head of the firm's litigation department, said: "Changes in the legal landscape mean it is essential that lawyers dealing with claims arising out of accidents, injuries and negligent medical treatment are fully aware of those changes and are ready to follow matters up where these are not properly implemented. Claimants should always get the full compensation they are entitled to."
Do you need advice on making a compensation claim? Talk to us. We are experienced personal injury lawyers and can give you the expert advice and support you need. Call 01302 320621 or email email@example.com