Inebriated pedestrians: a fresh view on foreseeability and novus actus interveniens – Zenith PI Blog

‘A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ.’

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Zenith PI Blog, 22nd June 2016

Source: www.zenithpiwordpress.com

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PI lawyers call for independent probe on insurance fraud total – Law Society’s Gazette

Posted June 6th, 2016 in fraud, insurance, news, personal injuries by sally

‘Personal injury lawyers are urging the government to commission independent research about insurance fraud, disputing figures cited by the Ministry of Justice in its call for solicitors to act urgently to tackle the problem.’

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Law Society’s Gazette, 3rd June 2016

Source: www.lawgazette.co.uk

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Staking a claim – New Law Journal

‘Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36.’

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New Law Journal, 3rd June 2016

Source: www.newlawjournal.co.uk

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Whiplash: George Osborne’s Modest Proposal – Cloisters

Posted June 2nd, 2016 in compensation, consultations, damages, fraud, insurance, news, personal injuries by sally

‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’

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Cloisters, 24th May 2016

Source: www.cloisters.com

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Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted June 2nd, 2016 in compensation, damages, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggered many more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after the issue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014/2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 24th May 2016

Source: www.byromstreet.com

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

Posted June 2nd, 2016 in appeals, duty of care, negligence, news, personal injuries by sally

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Disabled man born after incest rape wins right to claim compensation – BBC News

‘A man born with severe disabilities after his mother was raped by her father has won the right to claim compensation.’

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BBC News, 1st June 2016

Source: www.bbc.co.uk

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Government admits defeat in bid to introduce fixed costs in clinical negligence on 1 October – Litigation Futures

‘The government has admitted that it will not be able to introduce fixed recoverable costs for clinical negligence cases on 1 October as planned.’

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Litigation Futures, 31st May 2016

Source: www.litigationfutures.co.uk

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Rule committee “sympathetic” with PIBA complaints about solicitors using unregistered barristers in court – Litigation Futures

‘The government has been asked to look at changing the Civil Procedure Rules to prevent solicitors from employing unregistered barristers as agents to represent clients in court.’

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Litigation Futures, 27th May 2016

Source: www.litigationfutures.com

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Court rules on QOCS protection in appeals – Law Society’s Gazette

Posted May 31st, 2016 in appeals, civil procedure rules, costs, news, personal injuries by tracey

‘Costs protection will apply to first appeals in personal injury proceedings, the High Court has ruled in a judgment intended to clear up an area of confusion.’

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Law Society’s Gazette, 30th May 2016

Source: www.lawgazette.co.uk

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Jackson: fixed costs grid is “starting point for debate” – Litigation Futures

Posted May 24th, 2016 in civil justice, costs, judges, negligence, news, personal injuries, speeches by sally

‘Lord Justice Jackson has sought to calm fears raised by the “grid of fixed costs” he proposed in January this year for all civil claims worth up to £250,000.’

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Litigation Futures, 24th May 2016

Source: www.litigationfutures.com

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If you’re going to go down a steep slope, make sure you do it on your bottom! – Zenith PI Blog

‘In a decision handed down last week in English Heritage v Taylor [2016] EWCA Civ 448 the Court of Appeal upheld a first instance decision of a finding of breach of duty under section 2 of the Occupier’s Liability Act 1957 and a finding of 50% contributory negligence against the claimant. The issues centred around what was an obvious danger.’

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Zenith PI Blog, 20th May 2016

Source: www.zenithpi.wordpress.com

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Senior judges oppose singling out clin neg for fixed costs as consultation nears – Litigation Futures

‘The senior judiciary agrees with Lord Justice Jackson that fixed recoverable costs should not be introduced in clinical negligence cases in isolation, but as part of their extension across the entire fast-track and ‘lower’ end of the multi-track, it has emerged.’

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Litigation Futures, 23rd May 2016

Source: www.litigationfutures.com

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High Court rejects defendant’s bid to withdraw admission of liability – Litigation Futures

‘A defendant cannot withdraw an admission of liability because the value of a claim has increased, the High Court has ruled.’

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Litigation Futures, 19th May 2016

Source: www.litigationfutures.com

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Over the Border – Zenith PI Blog

‘In the recent cases of Cook v Virgin Media Ltd and McNeil v Tesco Plc [2016] 1WLR 1672, the Court of Appeal had to consider two cases raising a virtually identical issue. Each case related to a Scottish claimant claiming for personal injuries sustained in Scotland against Defendants who had registered offices in England and Wales. Mr Cook claimed that he suffered personal injury in a tripping accident in East Kilbride as a result of the negligence of Virgin Media. Virgin Media admitted liability. The claim was brought through the Northampton Money Claims Centre. In their defence Virgin Media said that the claim would be more appropriately dealt with in Scotland. In the second case Mr McNeil had suffered injuries in a Tesco store in Glasgow. He too claimed putting a claim through the Northampton Money Claims Centre. Tesco denied liability and said that the claim should have been brought in Scotland. Both these cases were shunted to Carlisle County Court. (It is perhaps a pity that the old Berwick-upon-Tweed County Court has long closed its doors, since it might have been an ideal venue.)’

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Zenith PI Blog, 17th May 2016

Source: www.zenithpi.wordpress.com

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NHSLA ordered to pay indemnity costs for surveillance video “ambush” – Litigation Futures

‘The NHS Litigation Authority (NHSLA) has been ordered by the High Court to pay indemnity costs after sending a last-minute surveillance video to the claimant’s lawyers which resulted in a trial being vacated.’

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Litigation Futures, 16th May 2016

Source: www.litigationfutures.com

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Government working on fixed costs extension, says Faulks, as clinical negligence debate hots up – Litigation Futures

Posted May 6th, 2016 in costs, negligence, news, personal injuries by tracey

‘The government is investigating the extension of fixed recoverable costs across all civil litigation, including how to deal with differences between different types of litigation, civil justice minister Lord Faulks said yesterday.’

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Litigation Futures, 5th may 2016

Source: www.litigationfutures.com

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APIL 2016: no retreat on personal injury reform, says justice minister – Law Society’s Gazette

Posted May 5th, 2016 in consultations, damages, insurance, news, personal injuries, small claims by tracey

‘Justice minister Lord Faulks today indicated that there will be no retreat on far-reaching and controversial plans to reform the personal injury sector.’

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Law Society’s Gazette, 4th May 2016

Source: www.lawgazette.co.uk

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High Court: no “windfall” in allowing barrister to claim fast-track trial advocacy fee – Litigation Futures

‘Allowing a claimant’s barrister to recover a trial advocacy fee in a fast-track personal injury case, settled on the morning of the hearing, “hardly amounts to a windfall”, a High Court judge has said.’

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Litigation Futures, 3rd May 2016

Source: www.litigationfutures.com

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Compensation for health and safety breaches depends on actual harm, Court of Appeal confirms – OUT-LAW.com

‘Employees must be able to prove that they have suffered actual harm as a result of breaches of health and safety law by an employer in order to claim compensation, the Court of Appeal has confirmed.’

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OUT-LAW.com, 29th April 2016

Source: www.out-law.com

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