The Court of Appeal has confirmed that an increase in damages for compensation claims will be implemented following the Jackson reforms which are to be put in place by April 2013. The pending reforms will heavily change the way car accident claim cases and other torts work. All torts which cause some kind of defamation, stress, loss or damages in general will be affected. The Jackson reforms will cap the amount of money made on success fees for personal injury and car accident claim cases and there are some concerns that it will leave some legal professionals out of pocket. The announcement of the uplift came from senior figures of the judiciary who stated that this judgement was to be reached many months in advance for the sake of  ‘simplicity and clarity’.

After the Jackson Review, the pending uplift was one of the key points made by Lord Justice Jackson when the document was put together with a view to reshuffle the UK’s civil litigation legal system. However, the increase, along with a number of other recommendations made by Jackson, was not to be included in the government’s plans to implement Jackson’s recommendations. After the recent judgement, which was made towards the end of last month, it was decided that for the judiciary not to ensure trial judges would apply it could be considered a ‘breach of faith’.

After the judgement was finalised, master of the rolls, the lord chief justice and the vice-president of the Court of Appeal stated that the uplift was not being put in place as a perfect change which would achieve perfect justice in every case, but went on to point out that the same concern could be held about all of the pending changes to the legal system. There is also a great deal of concern from the Transport Committee, a governmental body which has been largely responsible for investigating the so called ‘compensation culture’ and making recommendations to the government which actions could be taken in order to shore up some of the holes in the system.

There are a lot of concerns over the pending Jackson reforms and critics say that it could leave some people without access to personal injury cases (since personal injury was removed from the Legal Aid Bill some 15 years ago) and it could leave personal injury lawyers out of pocket. The uplift which is now scheduled to be made will apply to all torts which case damages of all kinds. The personal injury sector of law is waiting with baited breath to see how things balance out after the reforms appear in April 2013.

Jim Loxley is a Director at experienced claims specialist, My Compensation