Claimants with conditional fee arrangements (CFAs) drawn up before 1 April 2013 will not benefit from the 10% increase in damages payouts set to come into effect next year, following a ruling handed down today (10 October).

In today’s judgment in Simmons v Castle, the Court of Appeal (CoA) has clarified that claimants with existing CFAs will not be eligible to benefit from both the recovery of their success fees and after-the-event (ATE) insurance available under current legislation, as well as the 10% increase in damage payouts set to take effect in 2013.