In divorce proceedings, those who make overly ambitious financial claims or fail to enter into reasonable negotiations are highly likely to end up worse off. The point was powerfully made...Continue reading
The Judgment in the case of Simmons v Castle allowed all Claimants to receive a10% uplift in their General Damages claims for any matter which concluded at trial on or after 1 April 2013 in accordance with the recommendations of Lord Justice Jackson, even if the Claimant entered into the funding arrangement prior to April 2013.
On 10 October 2013, the Court of Appeal overturned this decision and has made it clear that all Claimants who entered into CFA’s before 1 April 2013 will not benefit from the uplift. This follows objections raised by the Association of British Insurers who want everything their own way!
APIL President Karl Tonks has stated that the effect of the new Judgment will mean that two Claimants’ leaving Court on the same day with the same injuries will receive different damages based upon the date on which they signed their funding arrangement.