£4m payout for man who suffered brain damage in crash – The Guardian

Posted October 12th, 2015 in accidents, compensation, insurance, news, personal injuries, road traffic by tracey

‘A man in his 20s who suffered severe brain damage in a car crash when he was a teenager is to get more than £4m compensation, lawyers say.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

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Trumping the Trump – or how to meet a claim to privilege following discontinuance in a fundamental dishonesty claim – Park Square Barristers

Posted October 7th, 2015 in disclosure, evidence, news, personal injuries, privilege by sally

‘It is common practice for an unscrupulous claimant, to run a doubtful personal injury claim to the door of the court, hoping to force a settlement, and then, at the last minute, to discontinue, in order to avoid the risk of failure, a finding of fundamental dishonesty and a costs liability.’

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Park Square Barrister, 18th September 2015

Source: www.parksquarebarristers.co.uk

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Some Guidance on Interpretation of the Effect of the Enterprise Act – Zenith PI Blog

Posted October 6th, 2015 in employment, health & safety, judgments, news, personal injuries, regulations by sally

‘Personal injury specialists have long awaited clear guidance on how the changes effected by Section 69 of the Enterprise and Regulatory Reform Act 2013 will be interpreted by the courts.’

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Zenith PI Blog, 2nd October 2015

Source: www.zenithpi.wordpress.com

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Revised Rehab Code introduces “streamlined” process for low-value claims – Litigation Futures

Posted October 1st, 2015 in codes of practice, insurance, news, personal injuries, rehabilitation by sally

‘The updated Rehabiliation Code is set to come into operation on 1 December and for the first time includes a separate section for lower-value claims in recognition of the need for a more streamlined process in cases worth less than £25,000.’

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Litigation Futures, 30th September 2015

Source: www.litigationfutures.com

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A & M v Royal Mail Group – ATE Premiums and Success Fees Under CPR 21 – Zenith PI Blog

‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’

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Zenith PI Blog, 29th September 2015

Source: www.zenithpi.wordpress.com

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Is that the sound of change to NIHL claims? – Zenith PI Blog

Posted September 29th, 2015 in Civil Justice Council, costs, news, noise, personal injuries by sally

‘The Civil Justice Council has set up a working group, to be chaired by Andrew Parker of DAC Beachcroft, to advise the present government as to the handling of noise induced hearing loss claims. Membership of the working group will represent solicitors, claims managers, insurers, the Ministry of Justice and the judiciary.’

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Zenith PI Blog, 28th September 2015

Source: www.zenithpi.wordpress.com

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MoJ tells noise-induced hearing loss working group to focus on fixed fees – Litigation Futures

Posted September 28th, 2015 in costs, fees, Ministry of Justice, news, noise, personal injuries by sally

‘The Civil Justice Council (CJC) group asked by the Ministry of Justice to investigate noise-induced hearing loss (NIHL) claims is to look at how a fixed-costs regime might work, it has been announced.’

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Litigation Futures, 28th September 2015

Source: www.litigationfutures.com

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Judge bemoans lack of success fee competition in PI – Litigation Futures

Posted September 22nd, 2015 in civil procedure rules, fees, judges, news, personal injuries by sally

‘The fact that competition over success fees has not developed, as Lord Justice Jackson hoped it would, is down to both consumer ignorance and solicitors’ reluctance to do it, according to the judge who last month cast doubt on the widespread personal injury charging model.’

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Litigation Futures, 22nd September 2015

Source: www.litigationfutures.com

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The Child in the Road – Zenith PI Blog

Posted September 11th, 2015 in children, contribution, negligence, news, personal injuries, road traffic, Scotland by tracey

‘Jackson-v-Murray, which has been recently reported at [2005] PIQRP 249 deals directly or indirectly with three important issues: (1) the extent to which a higher court can interfere with an assessment of contributory negligence by the trial judge or by an appeal court; (2) the assessment of contributory negligence of children; (3) the assessment of the proportions of liability of drivers of vehicles and pedestrians with whom they come into collision.’

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Zenith PI Blog, 10th September 2015

Source: www.zenithpi.wordpress.com

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Personal Injury Newsletter – 39 Essex Street

Posted September 4th, 2015 in costs, hospitals, negligence, news, personal injuries, psychiatric damage by sally

Personal Injury Newsletter (PDF)

39 Essex Street, July 2015

Source: www.39essex.com

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Secondary victims: A race between the claimant and the ambulance? – Hardwicke Chambers

Posted August 27th, 2015 in negligence, news, personal injuries, victims by sally

‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘

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Hardwicke Chambers, 29th July 2015

Source: www.hardwicke.co.uk

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Setting the bar high for secondary victim claims – Hardwicke Chambers

Posted August 27th, 2015 in appeals, negligence, news, personal injuries, psychiatric damage, victims by sally

‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
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Hardwicke Chambers, 29th August 2015

Source: www.hardwicke.co.uk

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O’Brien v Shorrock and another – WLR Daily

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

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This judgment could shake up how personal injury solicitors operate – The Guardian

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

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The Guardian, 21st August 2015

Source: www.guardian.co.uk

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Supreme Court to decide whether insurers can reopen settlements made with “eyes wide open” – Litigation Futures

Posted August 17th, 2015 in fraud, insurance, news, personal injuries by sally

‘The Supreme Court is to rule on whether an insurer can reopen a settled case to revive an allegation of fraud.’

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Litigation Futures, 14th August 2015

Source: www.litigationfutures.com

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Model jailed for false whiplash claim – Law Society’s Gazette

Posted August 13th, 2015 in contempt of court, fraud, news, personal injuries, sentencing by sally

‘A model and semi-professional footballer has this week been jailed for two months for making up a personal injury claim.’

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Law Society’s Gazette, 12th August 2015

Source: www.lawgazette.co.uk

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Car crash not to blame for lack of training contract, judge tells litigant-in-person – Legal Futures

‘A judge has told a litigant-in-person that a road traffic accident (RTA) she was involved in was not to blame for her failure to secure a training contract.’

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Legal Futures, 10th August 2015

Source: www.legalfutures.co.uk

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Council criticised over refusal of direct payments based on Working Time Regulations – Local Government Lawyer

‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’

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Local Government Lawyer, 6th August 2015

Source: www.localgovernmentlawyer.co.uk

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First fine issued against rogue claims management company – Ministry of Justice

Posted August 7th, 2015 in claims management, fines, personal injuries, press releases by tracey

‘A firm responsible for bombarding people with millions of nuisance calls has become the first to be fined under new claims management regulation powers.’

Press release

Ministry of Justice, 5th August 2015

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

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Injuries to Infant with Bone Disorder: latest deliberations of the High Court – Family Law Week

‘Zimran Samuel, barrister of 42 Bedford Row, comments on Mr Justice Peter Jackson’s recent judgment concerning an infant with vitamin D deficiency induced rickets who had suffered multiple fractures.’

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Family Law week, 30th July 2015

Source: www.familylawweek.co.uk

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