FOIL update October 2012: The Court of Appeal amends the judgment in Simmons v Castle

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In a judgment delivered on October 10th, the Court of Appeal changed its previous judgment in the case of Simmons v Cast le to create an exception to the increase in general damages awards of 10%, to prevent claimants who recover a success fee from also receiving the additional damages.

As the Lord Chief Justice notes in the court s judgment, to do otherwise would have given such claimants a double benefit - the penny and the bun .