Litigation Letter
'Why 10 percent?'
To ensure that damages which may be intended to cover future medical care are not substantially eaten into by legal fees,
Sir Rupert Jackson recommended in para 5.3 of Chapter 10 of his Final Report of the Review of Civil Litigation Costs (the
FR), that in personal injuries litigation the level of general damages for pain-suffering and loss of amenity be increased
by 10%. In para 5.6 he proposed that general damages for nuisance, defamation and any other tort which causes suffering to
individuals be also increased by 10%. He also recommended that the maximum amount of damages lawyers may deduct for success
fees be capped at 25% of damages (excluding any damages referable to future care or future losses). How the increase would
be achieved was a matter for the judiciary.