Discrimination awards to go up by 10%

Jahad Rahman of Rahman Lowe summarises the decision of the Court of Appeal in the case of Simmons v Castle [2012] EWCA Civ 1288, in which the court concluded that compensation for general damages should be increased by 10%.

The Court of Appeal made two important changes to its earlier judgment (Simmons v Castle [2012] EWCA Civ 1039) and held that, with effect from 1 April 2013, “the proper level of general damages in all civil claims for (i) pain and suffering, (ii) loss of amenity, (iii) physical inconvenience and discomfort, (iv) social discredit, (v) mental distress, or (vi) loss of society of relatives, will be 10% higher than previously”. However, the 10% increase in general damages will not apply to claims that fall within Section 44(6) of the Legal Aid, Sentencing and Punishment Offenders Act 2012 (“LASPO”), that is Claimants who enter into a conditional fee agreement (‘no win, no fee’ agreement) before 1 April 2013.

Whilst the case relates to a personal injury appeal, it is likely that injury to feelings awards in discrimination claims will go up by 10% with effect from 1 April 2013.

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