New whiplash and PPI claim rules – Ministry of Justice

‘The latest stages of the government’s work on compensation claims take effect today (Wednesday 1 October 2014) with new measures around whiplash and PPI claims.’

Full press release

Minsitry of Justice, 1st October 2014

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

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Speech by Lord Justice Jackson: Costs Law and Practice Conference – Judiciary of England and Wales

Posted October 1st, 2014 in civil justice, costs, patents, personal injuries, speeches by tracey

‘Keynote speech by Lord Justice Jackson at the Costs Law And Practice Conference on 30th September 2014.’

Full speech

Judiciary of England and Wales, 30th September 2014

Source: www.judiciary.gov.uk

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Developments in fundamental dishonesty – Hardwicke Chambers

Posted September 24th, 2014 in bills, costs, criminal justice, damages, medical treatment, news, personal injuries by sally

‘Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting (“QoCs”) following the implementation of the Jackson reforms. In addition to this those words could soon take on a new significance in the context of a defendant’s liability to a claimant and consequent costs orders in personal injury claims.’

Full story

Hardwicke Chambers, 15th September 2014

Source: www.hardwicke.co.uk

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‘NOWHERE FAST’ – In what circumstances might a bus driver be held liable to a passenger injured as a result of a fall on a bus? – Zenith PI Blog

‘Most personal injury practitioners will have had experience of dealing with a claim made by a passenger, injured as a result of falling whilst on a bus. Many such incidents result in relatively modest injuries. However, in some cases, particular those involving more elderly Claimants, quite significant and long-lasting injuries can be involved, and with associated ongoing claims for care and assistance. Given the multitude of CCTV cameras onboard such vehicles these days, Courts are often uncommonly well served in having before them good quality evidence of the occurrence and cause of the accident itself. Typically the cause is alleged to be the driver accelerating or braking more sharply than usual. In the latter case, the blame for emergency braking is often placed upon a third party vehicle; for example as a result of pulling out into the bus’ path.’

Full story

Zenith PI Blog, 17th September 2014

Source: www.zenithpi.wordpress.com

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Cadet paralysed in fatal skydiving accident sues MoD for £300,000 – Daily Telegraph

Posted September 15th, 2014 in accidents, armed forces, damages, disabled persons, inquests, news, personal injuries by tracey

‘ An Army cadet partly paralysed during a skydiving jump which killed a comrade is suing the Ministry of Defence for more than £300,000. Tim Herlihy, 24, of Stourbridge, was left with incomplete paraplegia after suffering injuries including six burst vertebrae during the accident in 2011 when he collided in mid air with another cadet.’

Full story

Daily Telegraph, 12th September 2014

Source: www.telegraph.co.uk

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Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another – WLR Daily

Wagenaar v Weekend Travel Ltd (t/a Ski Weekend) and another; [2014] EWCA Civ 1105; [2014] WLR (D) 389

‘The qualified one-way costs shifting provisions under CPR 44.13 and 44.14 were not ultra vires the general discretion of the court on the ordering of costs under section 51(1) of the Senior Courts Act 1981, and although applying to claims for damages for personal injuries brought by a claimant against a defendant, they did not apply to claims for an indemnity or contribution brought by such a defendant against a third party.’

WLR Daily, 31st July 2014

Source: www.iclr.co.uk

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The different burdens of proof in “highway tripping” and “shop slipping” cases – Zenith PI Blog

Posted September 9th, 2014 in accidents, burden of proof, news, personal injuries by sally

‘There is an important difference in the burden of proof between tripping accidents on highway and slipping accidents in shops.’

Full story

Zenith PI Blog,

Source: www.zenithpi.wordpress.com

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Lack of Capacity – A Trap for Lawyers Removed? – Zenith PI Blog

‘Increasingly, nowadays, solicitors find themselves acting in personal injuries claims for people who may lack mental capacity. This may or may not be the result of the injuries that they have suffered. Unquestionably, the fact that persons may be at one stage fully capable of conducting litigation and at another stage not presents real difficulties for a solicitor. We have seen recently a settlement set aside because the Claimant, who did not have a Litigation Friend, but did not have capacity could not settle the claim. See the recent local case of Dunhill v Burgin in the Supreme Court, [2014] 1WLR 933. So solicitors face a potentially disastrous situation.’

Full story

Zenith PI Blog, 29th August 2014

Source: www.zenithpi.wordpress.com

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APIL anger over discount rate delay – Litigtion Futures

Posted August 26th, 2014 in damages, delay, Ministry of Justice, news, personal injuries by tracey

‘The Association of Personal Injury Lawyers (APIL) has reacted angrily to confirmation from the Ministry of Justice (MoJ) of a further delay to the review of the discount rate for personal injury cases.’

Full story

Litigtation Futures, 26th August 2014

Source: www.litigationfutures.com

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New ‘fundamental dishonesty’ rule may act “as deterrent”, MoJ says – Litigation Futures

Posted August 21st, 2014 in compensation, news, personal injuries by tracey

‘The government believes its new ‘fundamental dishonesty” rule could lead not only to the number of personal injury claims being reduced but may “have some form of deterrent effect” against exaggeration, it has emerged.’

Full story

Litigation Futures, 21st August 2014

Source: www.litigationfutures.com

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Claimant lawyers hit back over “cynical” part 36 offers – Litigation Futures

‘The Forum of Complex Injury Lawyers (FOCIS) has hit back after a report for the Civil Procedure Rule Committee (CPRC) recommended that part 36 should be reformed, partly to discourage claimant lawyers from making “cynical” offers.’

Full story

Litigation Futures, 20th August 2014

Source: www.litigationfutures.com

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Understanding Serious Brain Injury – No. 5 Chambers

Posted August 7th, 2014 in accidents, disabled persons, news, personal injuries, rehabilitation by sally

‘At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second. The first news of a serious traumatic event is shocking, thoughts often turn to simply holding onto life and then anxiety over the serious permanent disability which may follow; in the mind of those involved it is very much the physical disabilities which are at the forefront.’

Full story

No. 5 Chambers, 16th July 2014

Source: www.no5.com

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Fair or foul: sport and the law – Henderson Chambers

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

Full story (PDF)

Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

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Whiplash assessment report fees cut to tackle fake claims – BBC News

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

Full story

BBC News, 3rd August 2014

Source: www.bbc.co.uk

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Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

Full story

The Independent, 1st August 2014

Source: www.independent.co.uk

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Legislation passed to ban PI inducements – Law Society’s Gazette

‘The government has introduced legislation to clamp down on personal injury inducements from lawyers offering clients money or gifts such as iPads in exchange for pursuing claims.’

Full story

Law Society’s Gazette, 25th July 2014

Source: www.lawgazette.co.uk

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Lords agree ‘fundamental dishonesty’ clause – Law Society’s Gazette

Posted July 25th, 2014 in bills, compensation, fraud, news, personal injuries by tracey

‘Peers have agreed to a clause in proposed legislation that gives courts the power to dismiss personal injury claims where the claimant has been “fundamentally dishonest”.’

Full story

Law Society’s Gazette. 24th July 2014

Source: www.lawgazette.co.uk

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Manchester Airport tyre blast: Lufthansa and Storm Aviation pay damages – BBC News

Posted July 17th, 2014 in accidents, aircraft, compensation, news, personal injuries by tracey

‘An engineer who lost an arm and a leg when a tyre on an aircraft exploded at Manchester Airport has been awarded about £600,000 in damages.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

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Dorothy ‘Cherry’ Groce inquest finds police failures contributed to her death – The Guardian

Posted July 14th, 2014 in grievous bodily harm, inquests, news, personal injuries, police by sally

‘Police failures contributed to the death of a mother whose shooting by an officer triggered the 1985 Brixton riots, an inquest jury has found.’

Full story

The Guardian, 10th July 2014

Source: www.guardian.co.uk

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Police blamed over 1985 Cherry Groce Brixton shooting – BBC News

Posted July 11th, 2014 in firearms, inquests, news, personal injuries, police by sally

‘Police failures contributed to Dorothy “Cherry” Groce’s death, whose shooting triggered the 1985 Brixton riots, a jury inquest has found.’

Full story

BBC News, 10th July 2014

Source: www.bbc.co.uk

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