The Fight Against Fraud – Success or Failure? – Zenith PI Blog

Posted September 26th, 2016 in costs, fraud, news, personal injuries by sally

‘Earlier this month the Scottish government set out its plans to introduce legislation emulating the funding arrangements which have now been in place south of the border for some time. The Expenses and Funding of Civil Litigation Bill, expected to be introduced next year, will permit DBAs to be enforceable by solicitors and will introduce a regime of QOCS, now three years old, countrywide. Though there are few details on how QOCS will work in practice, it is reasonable to expect that the exceptions in the current system will apply equally to the new regime.’

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Zenith PI Blog, 23rd September 2016

Source: www.zenithpi.wordpress.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.’

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Zenith PI, 15th September 2016

Source: www.zenithpi.wordpress.com

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Lawyers aghast at SRA plans to lift cold-calling ban – Law Society’s Gazette

‘Personal injury lawyers have warned that Solicitors Regulation Authority plans to remove a ban on cold calling will only encourage the shadier elements of the profession.’

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Law Society’s Gazette, 15th September 2016

Source: www.lawgazette.co.uk

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Accident abroad but claim commenced here against MIB – damages are to be assessed in accordance with the law of the state where accident occurred – Zenith PI Blog

‘Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement those directives in the UK.’

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Zenith PI Blog, 12th September 2016

Source: www.zenithpi.wordpress.com

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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.’

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New Law Journal, 17th August 2016

Source: www.newlawjournal.co.uk

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Compensation payout for mum left unable to open her jaw wider than 2cm after botched operation – Daily Telegraph

Posted August 31st, 2016 in compensation, doctors, medical treatment, negligence, news, personal injuries by sally

‘A mother-of-one has received a six figure payout after a botched operation left her unable to open her mouth wider than 2cm for five years.’

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Daily Telegraph, 30th August 2016

Source: www.telegraph.co.uk

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Finally – insurers get it in the neck for not passing on whiplash savings – Legal Futures

‘The insurance industry had a taste of its own PR medicine over the weekend after The Times accused insurers of “cheating motorists” by not passing on whiplash savings.’

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Legal Futures, 30th August 2016

Source: www.legalfutures.co.uk

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Insurance fraudster who tried to blame his solicitor jailed for eight months – Litigation Futures

Posted August 26th, 2016 in contempt of court, fraud, insurance, news, personal injuries, sentencing, solicitors by sally

‘A man who brought a fraudulent personal injury claim, and then tried to blame his solicitor for bringing the action without his knowledge, has been jailed for eight months for contempt of court.’

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Litigation Futures, 25th August 2016

Source: www.litigationfutures.com

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When it comes to unsettling settlements, everybody needs good neighbours: Hayward v Zurich Insurance Co [2016] EWCA Civ 327 – Park Square Barristers

‘On 27th July 2016 the Supreme Court handed down their Judgment in the case of Hayward. The case was concerned with whether or not a Defendant, who had settled a personal injury claim despite pleading that the same was exaggerated, could later seek to set aside that settlement on the basis that new evidence of fraud arose.’

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Park Square Barristers, 12th August 2016

Source: www.parksquarebarristers.co.uk

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An expensive mistake: defendant to discontinued action sanctioned in costs for failure to comply with the pre-action protocol – Zenith PI Blog

‘Although a first instance decision of a district judge, the case of Nicole Chapman v Tameside Hospital NHS Foundation Trust (Bolton County Court, 15 June 2016, Case number B74YM281) warrants some attention. The defendant was ordered to pay the unsuccessful claimant’s fixed costs on discontinuance because of its failure to comply with the pre-action protocol.’

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Zenith PI Blog, 23rd August 2016

Source: www.zenithpi.wordpress.com

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Woman gets £2m over near-drowning in school swimming lesson – The Guardian

‘A woman who won a judgment against her local authority after she nearly drowned during a school swimming lesson 16 years ago has been awarded £2m in compensation.’

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The Guardian, 21st August 2016

Source: www.guardian.co.uk

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NHS hit with costs over “drip feed” disclosure – Litigation Futures

Posted August 9th, 2016 in costs, disclosure, news, personal injuries by sally

‘A district judge has made a costs order in favour a claimant who discontinued her occupier’s liability claim against a hospital, because the defendant NHS trust “drip-fed” documents that should have been disclosed up front under the pre-action protocol.’

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Litigation Futures, 9th August 2016

Source: www.litigationfutures.com

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What lies do to claims – the Supreme Court – UK Human Rights Blog

‘Twin doses of dishonesty in the Supreme Court, last month. Both raised dilemmas for the SC trying to steer a principled way (in different circumstances) towards determining the cost of lying.’

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UK Human Rights Blog, 6th August 2016

Source: www.ukhumanrightsblog.com

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Injury lawyers slam plans to delete company records – Law Society’s Gazette

Posted August 5th, 2016 in news, personal injuries, winding up by tracey

‘Proposals to delete millions of public records of dissolved companies could deny injured victims access to vital information, lawyers have warned.’

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Law Society’s Gazette, 5th August 2016

Source: www.lawgazette.co.uk

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MIB hails Supreme Court ruling over damages for overseas accidents – Litigation Futures

‘The Motor Insurers’ Bureau (MIB) has welcomed the clarity provided today by a Supreme Court ruling that damages for a UK resident badly injured by an uninsured driver in Greece should be assessed under Greek law.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

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Judge rues ‘attritional warfare’ in PI case – Law Society’s Gazette

Posted August 4th, 2016 in costs, law firms, news, personal injuries by Mark L

‘A High Court judge has heavily criticised the parties in a hotly contested personal injury case for their lack of co-operation.’

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Law Society’s Gazette, 3rd August 2016

Source: www.lawgazette.co.uk

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University forced to pay out for 2.3% contribution to employee’s asbestosis – Litigation Futures

Posted August 3rd, 2016 in asbestos, compensation, negligence, news, personal injuries, universities by tracey

‘The Court of Appeal has ruled that an employer who negligently contributed 2.3% of the asbestos fibres in the lungs of an asbestosis sufferer should have to pay proportional compensation.’

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Litigation Futures, 1st August 2016

Source: www.litigationfutures.com

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High Court judge criticises parties and their solicitors for “attritional warfare” – Litigation futures

Posted August 3rd, 2016 in case management, news, personal injuries, solicitors, video recordings by tracey

‘A High Court judge has criticised the conduct of the parties and solicitors on both sides of a personal injury dispute for engaging in the type of “attritional warfare” that has been dying out.’

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Litigation Futures, 3rd August 2016

Source: www.litigationfutures.com

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‘Fraud unravels all’: landmark Supreme Court ruling – Law Society’s Gazette

Posted July 28th, 2016 in appeals, costs, deceit, fees, fraud, insurance, news, personal injuries, Supreme Court by tracey

‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’

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Law Society’s Gazette, 27th July 2016

Source: www.lawgazette.co.uk

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The fight against fraud – New Law Journal

‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’

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New Law Journal, 26th July 2016

Source: www.newlawjournal.co.uk

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