David Marshall, writing in Solicitors Journal, on the recent announcement by the Court of Appeal that general damages will be increased by 10% and the fact the Legal Aid, Sentencing and Punishment of Offenders Act 2012 itself had not included provision for this:
“This absence was raised in parliamentary debate. Ministers held to the line that this was to be taken forward by the senior judiciary. There had been considerable argument about which claimants would be ‘better off’ or ‘worse off’ with 10%, but if there was no increase then all claimants would be ‘worse off’.
By “all claimants” this appears to ignore entirely those claimants who are funded by BTE insurance or privately fund their claims. These claimants would have been no worse off with the ending of recoverability of success fees and ATE premiums.