Monthly Roundup – Costs and Budgeting – Zenith PI

‘April has seen a great deal of discussion on costs and budgeting. Here is a review of what else we have been writing about this month.’

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Zenith PI, 6th May 2015

Source: www.zenithpi.wordpress.com

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High Court refuses 100% success fee because trial had not started – Litigation Futures

‘The High Court has refused to allow a personal injury claimant a 100% success fee on the grounds that a trial had not started before the case was settled, even though a hearing had begun.’

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Litigation Futures, 8th May 2015

Source: www.litigationfutures.com

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Salford Royal Hospital: Woman awarded £8m after NHS blunder – BBC News

‘A pregnant woman left brain damaged after her heart was accidentally punctured during an NHS operation has won an £8m compensation pay-out.’

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BBC News, 5th May 2015

Source: www.bbc.co.uk

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Down the pan: Council pays man £341k after falling off toilet – Daily Telegraph

Posted May 5th, 2015 in compensation, local government, news, personal injuries by sally

‘Fylde Council in Lancashire, confirms it ends eight years of legal wrangle by settling claim involving man who fell when lavatory bowl collapsed.’

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Daily Telegraph, 3rd May 2015

Source: www.telegraph.co.uk

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McCracken (a protected party by his litigation friend) v Smith (Damian) and others – WLR Daily

McCracken (a protected party by his litigation friend) v Smith (Damian) and others [2015] EWCA Civ 380; [2015] WLR (D) 183

‘Where a claimant’s injury had two separate causes, one of which was his own criminal conduct in a joint enterprise with another, amounting to turpitude for the purposes of the defence of ex turpi causa, and one of which was a third party’s negligence, the relationship between the claimant’s turpitude and his negligence claim against the third party was not such as to debar his claim against the defendant in reliance on the principle of ex turpi causa. The correct approach of the court in such cases was to give effect to both causes of the injury by allowing the claimant to claim in negligence against the third party but, if negligence was established, by reducing any recoverable damages in accordance with the principles of contributory negligence so as to reflect the claimant’s own fault and responsibility for the injury.’

WLR Daily, 22nd April 2015

Source: www.iclr.co.uk

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Procedure – 39 Essex Chambers

Posted April 29th, 2015 in anonymity, costs, damages, dismissal, legislation, media, news, personal injuries by sally

‘Section 57 of the Criminal Justice and Courts Act 2015 comes into force on 13 April 2015.

Section 57, which introduces the presumption of dismissal in personal injury claims where the claimant has been found to be fundamentally dishonest in relation to a primary or related claim, comes into force on 13 April 20151. The explanatory notes to the Bill for this Act confirm that this provision is designed to extend the power identified in Summers v Fairclough Homes Ltd2 beyond the very exceptional circumstances required there under for an abusive claim to be struck out at the end of trial. The reference to a ‘related claim’ makes it clear that the Shah v Ul-Haq3 style claimant, who dishonestly supports the fraudulent claim of another, will also stand to lose their own (honest) claim.’

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39 Essex Chambers, April 2015

Source: www.39essex.com

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Review of Costs Budgeting Process by Jackson LJ – Zenith Chambers

Posted April 29th, 2015 in budgets, costs, negligence, news, personal injuries, telephone hearings by sally

‘Following the introduction of costs budgeting as part of his wide-ranging package of civil justice reforms, Jackson LJ is now undertaking a review of the process.’

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Zenith Chambers, 20th April 2015

Source: www.zenithchambers.co.uk

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Mind the gap: immigration rules and human rights are not coterminous – Free Movement

Posted April 22nd, 2015 in human rights, immigration, news, personal injuries, tribunals, visas by sally

‘In a useful case the Upper Tribunal addresses one of the “mind the gap” differences between the Immigration Rules and the requirements of human rights law. There is a growing body of case law that recognises that the two bodies of law are not, contrary to the Home Office position, coterminous. The latest is R (on the application of Chen) v Secretary of State for the Home Department) (Appendix FM – Chikwamba – temporary separation – proportionality) IJR [2015] UKUT 189 (IAC) on, you guessed it, the House of Lords case of Chikwamba and the proportionality of having to travel abroad in order to apply from abroad.’

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Free Movement, 22nd April 2015

Source: www.freemovement.org.uk

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Current Issues in Cerebral Palsy & Brain Injury Claims – Cloisters

Posted April 21st, 2015 in birth, hospitals, negligence, news, personal injuries by sally

‘This is the legal round up slot. There have been a number of interesting first instance cerebral palsy cases reported in 2014/15. The most interesting of which are Tippett v Guy’s & St Thomas’ Hospital NHS Foundation Trust [2014] EWHC 917 (QB) and Baynham v Royal Wolverhampton Hospitals NHS Trust [2014] EWHC. I am going to focus on these two cases.’

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Cloisters, 9th April 2015

Source: www.cloisters.com

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Leapfrog granted: The death knell for Cookson v Knowles? – Cloisters

‘It has long been the case that the multiplier in a fatal accident claim is assessed at the date of death rather than at the date of trial: Cookson v Knowles [1979] AC 556. This is unlike the position in personal injury claims with living claimants where the multiplier is assessed at the date of trial.’

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Cloisters, 24th April 2015

Source: www.cloisters.com

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Key highlights from record-breaking court awarded clinical negligence trial – Cloisters

‘William Latimer-Sayer highlights some points arising out of the record-breaking award in Robshaw v United Lincolnshire Hospitals NHS Trust [2015] EWHC 923 (QB).’

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Cloisters, 10th April 2015

Source: www.cloisters.com

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Family of burglar who fell through roof face £250k bill for trying to sue council – Daily Telegraph

‘Judge rules in Staffordshire council’s favour after Thomas Buckett suffered 10 skull fractures and spent two weeks in a coma.’

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Daily Telegraph, 14th April 2015

Source: www.telegraph.co.uk

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SRA warns firms against misleading marketing as inducements ban kicks in – Legal Futures

Posted April 14th, 2015 in advertising, inducements, law firms, news, personal injuries by sally

‘The Solicitors Regulation Authority (SRA) has warned personal injury firms against misleading marketing as the government’s ban on the use of inducements came into force yesterday.’

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Legal Futures, 14th April 2015

Source: www.legalfutures.co.uk

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Satellite litigation warning as new fundamental dishonesty rule comes into force – Litigation Futures

‘The new rule on fundamental dishonesty in personal injury actions, which comes into force today under section 57 of the Criminal Justice and Courts Act 2015, brings with it “a lot of potential for satellite litigation”, a leading defence lawyer has warned.’

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Litigation Futures, 13th April 2015

Source: www.litigationfutures.com

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Vidal-Hall v Google Inc (Information Commissioner intervening) – WLR Daily

Vidal-Hall v Google Inc (Information Commissioner intervening) [2015] EWCA Civ 311; [2015] WLR (D) 156

‘A claim for misuse of private information should be categorised as a tort for the purposes of service of proceedings out of the jurisdiction.’

WLR Daily, 18th March 2015

Source: www.iclr.co.uk

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PART 36 of the CPR – Offers are changing – Park Square Barristers

‘Part 36 of the Civil Procedure Rules encourages parties to settle their disputes. It does this by imposing sanctions if one party turns down an offer to settle but then doesn’t get a better result at trial. The rules are complex, so Andrew Mitchell takes a closer look at the latest changes to Part 36.’

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Park Square Barristers, 1st April 2015

Source: www.parksquarebarristers.co.uk

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ASA rejects personal injury advert complaint because consumers ‘now understand how claims work’ – Legal Futures

‘The Advertising Standards Authority (ASA) has rejected a complaint against a west country personal injury law firm, saying that consumers now have “a general awareness that to have a valid claim there would have to be some degree of fault or negligence by a third party”.’

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Legal Futures, 8th April 2015

Source: www.legalfutures.co.uk

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Personal injury claims: cases of fundamental dishonesty – Park Square Barristers

Posted April 7th, 2015 in fraud, inducements, news, personal injuries by sally

‘On 12 February 2015, the Criminal Injuries and Courts Act 2015 received royal assent. Buried in the midst of this legislation are 5 sections which address issues of significant importance and interest to personal injury (PI) lawyers – cases of fundamental dishonesty and inducements.’

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Park Square Barristers, 31st March 2015

Source: www.parksquarebarristers.co.uk

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PE teacher paid £40,000 following an injury when demonstrating the long jump – Daily Telegraph

Posted April 7th, 2015 in compensation, news, personal injuries, teachers, trade unions by sally

‘A PE teacher who won £41,000 after injuring himself while demonstrating the long jump​​ and a teacher given £75,000 for tripping over a carpet were ​ among thousands of claims worth more than £26 million last year.’

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Daily Telegraph, 3rd April 2015

Source: www.telegraph.co.uk

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Chester ‘cash-for-crash’ bus fraud: Ringleader convicted – BBC News

Posted April 7th, 2015 in conspiracy, fraud, gangs, news, personal injuries by sally

‘The ringleader of a gang who ran a “cash-for-crash” scam involving bus passengers has been convicted of fraud.’

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BBC News, 2nd April 2015

Source: www.bbc.co.uk

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