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.’

Full Story

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?’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

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).’

Full Story

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.’

Full Story

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.’

Full Story

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.’

Full Story

Parklane Plowden Chambers, 21st August 2020

Source: www.parklaneplowden.co.uk

Drug dealer jailed for crash that killed London bus driver – BBC News

Posted August 28th, 2020 in accidents, dangerous driving, imprisonment, news, sentencing, unlawful killing by sally

‘A convicted drug dealer who killed a bus driver and injured 14 people in a multi-vehicle crash has been jailed for seven years and eight months.’

Full Story

BBC News, 27th August 2020

Source: www.bbc.co.uk

An Introduction to Ogden 8 – Ropewalk Chambers

Posted August 28th, 2020 in accidents, chambers articles, compensation, damages, news, personal injuries by sally

‘On 17th July 2020, the Ogden Working Party published the 8th Edition of the Ogden Tables, the first new edition
in almost a decade and the first under a new Chairman, William Latimer-Sayer QC.’

Full Story

Ropewalk Chambers, 18th August 2020

Source: www.ropewalk.co.uk

Harry Dunn death: Anne Sacoolas faces possible trial in absentia – The Guardian

‘The attorney general for England and Wales, Suella Braverman, is considering trying the wife of a US intelligence officer in her absence on a charge of causing the death by dangerous driving of the teenager Harry Dunn.’

Full Story

The Guardian, 25th August 2020

Source: www.theguardian.com

“Unconscionable” for defendant to benefit from portal mistake – Litigation Futures

Posted August 25th, 2020 in accidents, compensation, mistake, news, personal injuries, road traffic, small claims by sally

‘The overriding objective means that defendants can be prevented from taking advantage of claimant errors to achieve lower settlements in RTA portal cases, a judge has ruled.’

Full Story

Litigation Futures, 24th August 2020

Source: www.litigationfutures.com

Steep fall in injury claims during lockdown – Litigation Futures

‘There was a 38% fall in the number of injury claims registered with the Compensation Recovery Unit (CRU) during the first three months of lockdown, government figures have confirmed.’

Full Story

Litigation Futures, 20th August 2020

Source: www.litigationfutures.com

PI Fraud: when silence can be FD – Park Square Barristers

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

Full Story

Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

High Court overturns ruling that claimant was not fundamentally dishonest – Litigation Futures

Posted August 11th, 2020 in accidents, costs, evidence, news, personal injuries, road traffic by sally

‘The High Court has overturned a ruling that a claimant who defeated an argument that a car accident he was involved in was bogus, but lied about his injuries, was not fundamentally dishonest.’

Full Story

Litigation Futures, 11th August 2020

Source: www.litigationfutures.com

Courts reluctant to strike-out negligence actions against the police – UK Police Law Blog

‘In Tindall v Chief Constable of Thames Valley Police [2020] EWHC 837 (QB) — available on Westlaw but not yet Bailii or the ICLR, the courts have again demonstrated a reluctance to strike-out a police negligence claim. This shows the difficulty of trying to show whether the police have positively created a danger / made it worse or merely refrained from protecting someone. A claim against the police for negligence will usually arise in the first instance but not, subject to exceptions, the second.’

Full Story

UK Police Law Blog, 4th August 2020

Source: ukpolicelawblog.com

Council charged over death of girl, 5, killed by playground swing faces £2m legal bill – Daily Telegraph

‘A council has reportedly been charged over the death of a five-year-old girl who was killed by a rotting playground swing, and faces a potential £2m legal bill.’

Full Story

Daily Telegraph, 4th August 2020

Source: www.telegraph.co.uk