The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Still no rules but full steam to April for whiplash reforms, says MoJ – Legal Futures

‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk

Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB), [2020] All ER (D) 02 (Oct) – Parklane Plowden Chambers

Posted November 19th, 2020 in accidents, evidence, insurance, necessity, news, police, road traffic, wrongful arrest by sally

‘The court held that whereas reasonable grounds for suspecting someone has committed an offence sets a low evidential hurdle, the second requirement for an arrest to be lawful (for the Police to prove that there were reasonable grounds to believe the arrest was “necessary”) sets a comparatively high evidential hurdle and the police could not objectively evidence that the arrest was “necessary” when the GP would have been prepared to voluntarily attend the police station and the reasons given by the Police for the “necessity” of arresting the GP were baseless.’

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Parklane Plowden Chambers, 11th November 2020

Source: www.parklaneplowden.co.uk

Claimant lawyers urge Lord Chief to step in on whiplash reforms – Legal Futures

‘Claimant personal injury lawyers have turned to the Lord Chief Justice to support an urgent review of the government’s proposed tariff of damages for next April’s whiplash reforms.’

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Legal Futures, 18th November 2020

Source: www.legalfutures.co.uk

Post-Grenfell social housing reforms in England to be unveiled – The Guardian

‘Millions of tenants could be offered greater protection from wrongdoing by landlords in long-awaited social housing reforms to be announced this week, more than three years after the Grenfell Tower disaster.’

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The Guardian, 16th November 2020

Source: www.theguardian.com

Claim for special accommodation – Law Society’s Gazette

Posted November 10th, 2020 in accidents, damages, disabled persons, housing, news, personal injuries, road traffic by sally

‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’

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Law Society's Gazette, 9th November 2020

Source: www.lawgazette.co.uk

Enka v. Chubb in the Supreme Court: Which Law is it Anyway? – 4 New Square

‘Where the law governing a contract containing an arbitration agreement differs from the law of the nominated “seat” of the arbitration, which law – absent any express choice – governs the arbitration agreement itself? That was the question that the Supreme Court had to grapple with in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38, in which judgment was handed down on 9 October 2020. George Spalton and Ian McDonald of 4 New Square consider the decision.’

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4 New Square, 14th October 2020

Source: www.4newsquare.com

Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk

‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’

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12 King's Bench Walk, 9th October 2020

Source: www.12kbw.co.uk

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

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Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Marian Clode: Woman’s cattle death ruled accidental – BBC News

Posted October 23rd, 2020 in accidents, animals, inquests, news by sally

‘A woman died after a cow charged at her and flipped her over a fence, an inquest has heard.’

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BBC News, 22nd October 2020

Source: www.bbc.co.uk

Grenfell personal injury claims – factual horror, legal interest and less obvious wellbeing implications – Doughty Street Chambers

‘The actions brought by survivors of the Grenfell disaster came to the High Court for the first time on Friday 2 October with judgment handed down on 14 October: De Costa & Ors v London Fire Commissioner & Ors [2020] EWHC 2718 (QB).’

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Doughty Street Chambers, 15th October 2020

Source: insights.doughtystreet.co.uk

Number of motor claims stays low over last three months – Litigation Futures

Posted October 21st, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The collapse in new motor injury claims seen during lockdown continued in the following three months, despite more cars returning to the road.’

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Litigation Futures, 20th October 2020

Source: www.litigationfutures.com

Grenfell victim’s family aims to force change to evacuation rules for disabled people – The Guardian

‘The family of a disabled woman who died trapped in Grenfell Tower is taking legal action against the government to force high-rise owners to make evacuation plans for every disabled resident. Sakina Afrasehabi, who had severe arthritis and walked with a frame, died on the 18th floor in the June 2017 blaze at the age of 65. Now her family want a judicial review of government proposals, arising from the disaster, that personal evacuation plans should only apply for people in buildings considered at immediate fire risk.’

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The Guardian, 5th October 2020

Source: www.theguardian.com

Harry Dunn: Family to meet with top prosecutor amid talks over trial in absentia – The Independent

‘The family of Harry Dunn has been invited to a meeting with the Director of Public Prosecutions (DPP) amid government discussions about the possibility of a trial in the absence of the teenager’s alleged killer.’

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The Independent, 8th September 2020

Source: www.independent.co.uk

ABI: Claims dived during lockdown but their value went up – Litigation Futures

Posted September 7th, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers (ABI).’

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Litigation Futures, 4th September 2020

Source: www.litigationfutures.com

Grenfell bereaved say Covid ban on attending inquiry is ‘madness’ – The Guardian

Posted September 7th, 2020 in accidents, bereavement, coronavirus, families, fire, inquiries, news, victims by sally

‘Survivors and bereaved of the Grenfell Tower fire have branded as “madness” rules that mean although they can eat at a restaurant or drink in a pub, they are still not allowed to attend the public inquiry, which restarts on Monday.’

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The Guardian, 6th September 2020

Source: www.theguardian.com

Harry Dunn’s parents drop plan to sue US government – The Independent

‘The parents of Harry Dunn have dropped plans to sue the US government over his death in a crash allegedly involving the wife of an American intelligence official. Charlotte Charles and Tim Dunn said they had made the decision in the hope the Trump administration would allow suspect Anne Sacoolas to face the UK justice system.’

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The Independent, 1st September 2020

Source: www.independent.co.uk

Lyum Roy Campbell (a protected party by his father & litigation friend Donald Campbell) v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) – Parklane Plowden Chambers

‘In this case the court considered the issues of capacity, consent and contributory negligence following a road traffic accident wherein the Claimant, Lyum Roy Campbell, suffered very severe injuries, having allowed himself to be driven by a friend who was intoxicated.’

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Parklane Plowden Chambers, 21st August 2020

Source: www.parklaneplowden.co.uk