Personal injury lawyers news

ABI wants halt on 10 per cent damages rise

In a move seen as an indirect challenge to the judiciary, the Association of British Insurers (ABI) is set to appeal a court ruling in which a personal injury claim damages payout was increased by 10 per cent.

A rise in personal injury compensation payouts was scheduled as part of Lord Justice's package for the attempted cutting of litigation costs. Yet, since The Lord Chief Justice Lord Judge, the Master of the Rolls Lord Neuberger, and vice president of the CoA Sir Anthony May intervened in a the injury claim, Simmons v Castle (26 July 2012), the ABI fears there will now be a greatly extended period of time when insurers are faced with finding extra funds for payouts while still working on a no-win, no-fee basis.

Solicitors for the ABI have now lodged papers at the High Court in respect of the appeal and, in a move seen as "highly unusual" the Court of Appeal has agreed to reopen the case and has made a request for the Association of Personal Injury Lawyers and the Personal Injury Bar Association to be added to the list of defendants.

Judges have not yet been appointed, however, a pre-trial hearing to discuss how matters should proceed has been set for 25 September.


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