‘Steps of court’ settlement was not negligent, court rules – OUT-LAW.com

‘A barrister and firm of solicitors did not act negligently when they advised a client to settle her road traffic accident (RTA) claim after her main witness failed to attend court, the High Court has ruled.’

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OUT-LAW.com, 8th February 2016

Source: www.out-law.com

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Lawyers give Jackson’s fixed costs call a frosty reception – Litigation Futures

Posted February 2nd, 2016 in civil justice, costs, fees, news, personal injuries by sally

‘Lawyers have responded negatively to Lord Justice Jackson’s call last week to introduce fixed costs for all civil claims worth up to £250,000.’

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Litigation Futures, 1st February 2016

Source: www.litigationfutures.com

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Claimants and lawyers warned over damages repayment risk in RTA protocol cases – Litigation Futures

Posted January 22nd, 2016 in damages, negligence, news, personal injuries, repayment, road traffic, solicitors by sally

‘A claimant who receives less at stage 3 of the RTA protocol than was offered at stage 2 has to reimburse the difference, a circuit judge has ruled.’

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Litigation Futures, 21st January 2016

Source: www.litigationfutures.com

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Ee Turpi Causa and the MIB – Zenith PI Blog

Posted January 21st, 2016 in appeals, crime, ex turpi causa, insurance, news, personal injuries, uninsured drivers by sally

‘Smith appealed against the decision of the MIB not to meet his personal injury claim when it was discovered that the First Defendant was an uninsured driver.’

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Zenith PI Blog, 20th January 2016

Source: www.zenithpi.wordpress.com

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Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

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Intentional infliction of harm in tort law – OUP Blog

Posted December 14th, 2015 in compensation, damages, news, personal injuries, psychiatric damage by sally

‘The tort of intentional infliction of harm would seem to encapsulate a basic moral principle – that if you injure someone intentionally and without just cause or excuse, then you should be liable for the commission of a tort – in addition to any crime that you commit. Occasionally, judges have held that there is such a principle, which is of general application: eg, Bowen LJ in Mogul Steamship v McGregor Gow & Co (1889). While this principle is now uncontroversial in cases of the intended infliction of physical harm (see Bird v Holbrook [1828]), the position has been unclear in so far as it concerns the causation of psychiatric harm. The most important case on intended infliction of psychiatric harm (IIPH) was Wilkinson v Downton (1897). But that case has long been doubted because the defendant had been playing a practical joke upon the claimant, telling her that her husband had been involved in an accident and was lying ‘smashed up’ at Leytonstone. Wright J could find no actual intention to harm, but held that an imputed intention to harm was sufficient to create liability.’

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OUP Blog, 14th December 2015

Source: www.blog.oup.com

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Speed Medical to appeal after High Court backs MoJ on MedCo – Litigation Futures

Posted December 11th, 2015 in expert witnesses, judicial review, news, personal injuries, road traffic by tracey

‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’

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Litigation Futures, 11th December 2015

Source: www.litigationfutures.com

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Lee Rigby killer sues Prison Service after having teeth knocked out – The Guardian

Posted December 10th, 2015 in assault, news, personal injuries, police, prisons, restraint by sally

‘One of the men who killed the British soldier Lee Rigby is suing for compensation two years after his teeth were knocked out during an incident at Belmarsh prison.’

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The Guardian, 10th December 2015

Source: www.guardian.co.uk

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Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

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Serious Personal Injury Litigation – A Quantum Update – Byrom Chambers

‘We are now bombarded with case reports by email and over the Internet. The reporting of 1st instance quantum decisions used to be a comparative rarity before 1992 and the PIQR. Even then there was a time lag in publication and many decisions were never covered. On one level, we are immensely fortunate now to be able to discern how the best counsel and 1st instance judges set about their respective tasks in serious personal injuries litigation; but with that opportunity comes the obligation on the serious practitioner to take the time really to get to grips with the lengthy judgments. It is not easy. This paper, evolving since the autumn of 2007, is an exercise in the on-going fulfilment of that obligation.’

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Byrom Chambers, 7th December 2015

Source: www.byromstreet.com

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Professional negligence warning over PI, commercial and family work – Legal Futures

Posted December 8th, 2015 in law firms, negligence, news, personal injuries, reports by sally

‘Personal injury, commercial and family work will all fuel negligence claims against lawyers, insurance specialist BLM has warned in a white paper.’

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Legal Futures, 8th December 2015

Source: www.legalfutures.co.uk

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SRA to research competence of personal injury lawyers – Legal Futures

‘The Solicitors Regulation Authority (SRA) is to launch a research project on the “competence” of personal injury lawyers, it has emerged.’

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Legal Futures, 4th December 2015

Source: www.legalfutures.co.uk

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Autumn Statement: £5k small claims limit and end to general damages in whiplash – Legal Futures

Posted November 26th, 2015 in budgets, courts, damages, news, personal injuries, small claims by tracey

‘The government is set to remove the right to general damages for minor soft tissue injuries and increase the small claims limit for personal injury claims from £1,000 to £5,000, it was announced in the Autumn Statement today.’

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Legal Futures, 25th November 2015

Source: www.legalfutures.co.uk

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Legal profession welcomes unbundling decision – Law Society’s Gazette

Posted November 25th, 2015 in appeals, budgets, duty of care, fees, legal aid, negligence, news, personal injuries, solicitors by sally

‘Court of Appeal ruling that solicitors may offer ‘unbundled’ services without being held liable for matters beyond those in their client retainer has been widely welcomed by the profession. ‘

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Law Society’s Gazette, 23rd November 2015

Source: www.lawgazette.co.uk

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Automotive Automatism – Zenith PI Blog

Posted November 16th, 2015 in automatism, defences, news, personal injuries, road traffic by sally

‘I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with such a defence.’

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Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

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Jeremy Clarkson and BBC sued for racial discrimination by Top Gear producer – The Guardian

Posted November 16th, 2015 in media, news, personal injuries, race discrimination by sally

‘The Top Gear producer verbally and physically attacked by Jeremy Clarkson is suing the BBC and the former presenter of the BBC2 motoring show for more than £100,000 for racial discrimination and personal injury.’

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The Guardian, 13th November 2015

Source: www.guardian.co.uk

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MOJ Portal Stage 3 and Part 36: What are protocol offers? – Park Square Barristers

‘A regular issue that is being raised at MOJ Stage 3 hearings, particularly since the introduction of the 13th edition of the JC Guidelines: can parties make new offers in their Part B forms and benefit from the cost consequences of Part 36.29 for beating/matching them? This article aims to set out the relevant rules and paragraphs to determine this issue.’

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Park Square Barristers, 6th November 2015

Source: www.parksquarebarristers.co.uk

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Judge calls for fast-track civil contempt procedure after application is stymied by criminal trial – Litigation Futures

‘A claimant found to have brought a bogus personal injury claim – but then cleared of fraud in the Crown Court – can only face civil contempt proceedings if there is new evidence, the High Court has ruled.’

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Litigation Futures, 4th November 2015

Source: www.litigationfutures.com

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Assessing Damages when the Claimant was Already Seriously Incapacitated: Court of Appeal Decision – Zenith PI Blog

Posted November 3rd, 2015 in appeals, damages, disabled persons, hospitals, negligence, news, personal injuries by sally

‘In Reaney -v- University Hospital of North Staffordshire NHS Trust [2015] EWCA Civ 1119 the Court of Appeal considered the appropriate approach to the award of damages when injuries are caused to a claimant who, prior to the defendant’s negligence, was already seriously disabled.’

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Zenith PI Blog, 2nd November 2015

Source: www.zenithpi.wordpress.com

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Compensation hunter jailed for staging fall in Asda – Daily Telegraph

Posted October 30th, 2015 in compensation, fraud, news, personal injuries, sentencing by sally

‘CCTV cameras caught Louis Dempsey, 35, deliberately falling over in the Asda store in Brighton and showed he was lying.’

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Daily Telegraph, 29th October 2015

Source: www.telegraph.co.uk

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