Summers v Bundy [2016] EWCA Civ 126 (11 February 2016)

Posted on Tuesday, March 8th, 2016

Christine MarshOn assessing damages in a clinical negligence claim where the Claimant had been legally aided throughout, a Circuit Court Judge refused to apply the Simmons v Castle uplift of 10% in damages citing that ‘on balance I am not persuaded to exercise my discretion in favour of that increase’.

The Claimant appealed and permission was granted by Lord Justice Jackson.

On appeal Lord Justice Davis and Sir Timothy Lloyd could not find anything in Kemp and Kemp on Damages or in the 13th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases which supported the approach made by the Circuit Court Judge. The appeal was allowed.

The full Judgment can be read here

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