When is an injury not an injury? – Doughty Street Chambers

Posted December 1st, 2016 in evidence, industrial injuries, insurance, news, noise, personal injuries by sally

‘The overworking of the de minimis argument in noise-induced hearing loss claims shows the need for proper evidental preparaton and some clearer guidance from the senior courts following Rothwell.’

Full story

Doughty Street Chambers, 21st November 2016

Source: www.doughtystreet.co.uk

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Insurance surgery: A call to action over construction costs – New Law Journal

Posted November 29th, 2016 in construction industry, insurance, news, reports by sally

‘How can losses incurred from construction & engineering disputes be avoided, asks Paul Lowe.’

Full story

New Law Journal, 23rd November 2016

Source: www.newlawjournal.co.uk

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Cold calling, whiplash reform and IPT – Autumn Statement angers claimant lawyers – Legal Futures

Posted November 24th, 2016 in budgets, insurance, news, personal injuries, solicitors, taxation, telecommunications by tracey

‘Claimant personal injury lawyers have been left questioning why the government was prepared to announced in yesterday’s Autumn Statement that it is to ban cold-calling in relation to pensions, but not to stop it in personal injury – and whether Chancellor Philip Hammond let slip that the whiplash reforms are already a done deal.’

Full story

Legal Futures, 24th November 2016

Source: www.legalfutures.co.uk

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New crackdown on whiplash claims set to cut insurance premiums – Ministry of Justice

Posted November 23rd, 2016 in consultations, fraud, insurance, personal injuries, press releases by tracey

‘Millions of motorists could see their car insurance cut by about £40 a year thanks to plans to crackdown on the epidemic of whiplash claims.’

Full press release

Ministry of Justice, 17th November 2016

Source: www.gov.uk/government/organisations/ministry-of-justice

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Whiplash reaction: claimant lawyers vent fury at government – Legal Futures

Posted November 17th, 2016 in compensation, consultations, evidence, insurance, news, personal injuries by sally

‘Today’s announcement of government plans to reform personal injury claims has predictably split the market, with claimant representatives incensed and defendants pleased.’

Full story

Legal Futures, 17th November 2016

Source: www.legalfutures.co.uk

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Home Secretary’s speech to the FCA’s Financial Crime Conference – Home Office

‘Home Secretary Amber Rudd gave a speech on economic crime at the Financial Conduct Authority annual crime conference on 10 November 2016.’

Full speech

Home Office, 14th November 2016

Source: www.gov.uk/home-office

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CA ruling on fixed fees to have ‘substantial’ effect – Law Society’s Gazette

Posted November 14th, 2016 in civil procedure rules, costs, damages, fees, insurance, news, personal injuries by tracey

‘The Court of Appeal delivered some good news to claimants last week with a ruling on the level of fees that apply to cases listed for disposal, in a decision that Lord Justice Briggs said would have a “substantial” cumulative effect.’

Full story

Law Society’s Gazette, 14th November 2016

Source: www.lawgazette.co.uk

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Short-term Lettings and the Sharing Economy – Tanfield Chambers

Posted November 9th, 2016 in health & safety, insurance, landlord & tenant, news, planning by sally

‘The beginning of 2016 has seen much focus on the buy to let market with the changes to the tax implications for those purchasers who already own property. The Government has announced further changes to come for buy to let landlords – might budding landlords seek to overcome these changes by exploring opportunities for shorter lets of their own homes, or alternatively, rooms in their own homes?’

Full story

Tanfield Chambers, 6th October 2016

Source: www.tanfieldchambers.co.uk

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Exemplary Damages in the Tort of Deceit – Park Square Barristers

Posted November 9th, 2016 in civil procedure rules, costs, damages, deceit, fraud, insurance, news by sally

‘On the 1st November 2016 at Manchester County Court Toby Coupe, instructed by Toby Evans (Partner, Keoghs LLP) and Richard Harvey (Senior Claims Handler, Zurich Insurance PLC) to act on behalf of Zurich Insurance PLC (‘Zurich’), obtained an order that the Claimants and the Second Defendant do pay Zurich £5,000 in exemplary damages and £16,844.04 in indemnity costs, such costs to be enforceable to the full extent of the Order pursuant to CPR 44.16 (1), on the basis that the claims had been found to be fundamentally dishonest.’

Full story

Park Square Barristers, 2nd November 2016

Source: www.parksquarebarristers.co.uk

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Supreme Court to hear trio of cases on continuing success fee and ATE recoverability – Litigation Futures

Posted October 28th, 2016 in costs, fees, insurance, news, precedent, Supreme Court by sally

‘The Supreme Court has consolidated three cases on whether the continuing recoverability of additional liabilities in publication and privacy cases are incompatible with publishers’ rights to freedom of expression.’

Full story

Litigation Futures, 27th October 2016

Source: www.litigationfutures.com

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Supreme Court upholds clause excluding professional indemnity cover for commercial arrangements – OUT-LAW.com

Posted October 27th, 2016 in appeals, contracts, insurance, law firms, legal services, news, solicitors, Supreme Court by sally

‘Loans provided to the clients of a firm of solicitors by a third party funder were not ‘legal services’, and so were not covered by the terms of the firm’s professional indemnity (PI) policy, the UK’s highest court has ruled.’

Full story

OUT-LAW.com, 26th October 2016

Source: www.out-law.com

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High Court rejects security for costs application in face of £5m ATE policy – Litigation Futures

Posted October 25th, 2016 in civil procedure rules, costs, insurance, news by michael

‘The High Court has accepted after-the-event (ATE) insurance cover of £5m as sufficient to dismiss an application for security for costs.’

Full story

Litigation Futures, 24th October 2016

Source: www. litigationfutures.com

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Insurers gloomy as Truss ditches whiplash reform plans – Law Society’s Gazette

Posted October 13th, 2016 in fraud, insurance, news, personal injuries by tracey

‘Justice secretary Liz Truss has shelved plans for a major overhaul of the personal injury sector, the Gazette has learned.’

Full story

Law Society’s Gazette, 13th October 2016

Source: www.lawgazette.co.uk

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Regulatory focus on data access restrictions could impact Uber, retailers, insurers and car manufacturers, says expert – OUT-LAW.com

Posted September 27th, 2016 in competition, data protection, EC law, financial regulation, insurance, news, privacy by sally

‘Retailers, insurers, car manufacturers and the fast-growing software company Uber are among the businesses that should take note of the increased regulatory scrutiny being placed on restrictions of access to data.’

Full story

OUT-LAW.com, 26th September 2016

Source: www.out-look.com

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Decades-old legal test not suitable for assessing if investment advice met professional standards, says High Court – OUT-LAW.com

Posted September 21st, 2016 in banking, duty of care, financial advice, financial regulation, insurance, negligence, news by tracey

‘A long-standing legal test, that helps to determine whether professionals meet their duty of care to clients is not appropriate for determining whether UK investment advisers have sufficiently communicated with investors to be said to have provided suitable advice, the UK High Court has said.’

Full story

OUT-LAW.com, 20th September 2016

Source: www.out-law.com

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Fraud – several bites of the cherry? – Zenith PI

Posted September 20th, 2016 in appeals, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems.’

Full story

Zenith PI, 15th September 2016

Source: www.zenithpi.wordpress.com

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Drones: flightpath to the future? – Halsbury’s Law Exchange

Posted September 6th, 2016 in aircraft, data protection, insurance, news, privacy, regulations by sally

‘Drones are rapidly being seen as a feature of the near future, because of the dramatic rise in their private use in the UK.’

Full story

Halsbury’s Law Exchange, 5th September 2016

Source: www.halsburyslawexchange.co.uk

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Drones: flightpath to the future? – Counsel

Posted September 1st, 2016 in aircraft, data protection, insurance, news, privacy, regulations by sally

‘Drones are rapidly being seen as a feature of the near future, because of the dramatic rise in their private use in the UK.’

Full story

Counsel, September 2016

Source: www.counselmagazine.co.uk

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Insurance surgery: English drama or Greek tragedy? – New Law Journal

‘Peter Allchorne translates the message from Moreno v Motor Insurers’ Bureau for motor accident victims.’

Full story

New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Supreme Court to decide on recovery of success fees and ATE premiums in publication proceedings – Litigation Futures

Posted August 31st, 2016 in appeals, costs, defamation, fees, insurance, media, news, Supreme Court by sally

‘The Supreme Court is to return to the issue of recoverability after granting permission to appeal in a case leapfrogged from the High Court about costs in defamation.’

Full story

Litigation Futures, 30th August 2016

Source: www.litigationfutures.com

Comments Off on Supreme Court to decide on recovery of success fees and ATE premiums in publication proceedings – Litigation Futures