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Damages – Tort. The Court of Appeal, Civil Division, allowed an appeal against a judge's refusal to grant a 10% uplift on an award of damages for pain, suffering and loss of amenity in the context of a clinical negligence claim. There was no discretion for a trial judge to introduce exceptions to the uplift as otherwise some legally aided claimants would not receive the uplift while others would, and there would be potentially complete uncertainty and inconsistency in awards of the courts.
Damages – Tort. The Court of Appeal, Civil Division, allowed an appeal against a judge's refusal to grant a 10% uplift on an award of damages for pain, suffering and loss of amenity in the context of a clinical negligence claim. There was no discretion for a trial judge to introduce exceptions to the uplift as otherwise some legally aided claimants would not receive the uplift while others would, and there would be potentially complete uncertainty and inconsistency in awards of the courts.
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Exclusive QA with Henry Dannell
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