‘Changes to the rules governing compensation for nuclear incidents will increase the amounts payable, as well as expand the categories of damage for which compensation may be claimed.’
OUT-LAW.com, 8th March 2016
Source: www.out-law.com
‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’
Zenith PI, 7th March 2016
Source: www.zenithpi.wordpress.com
‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’
Law Society’s Gazette, 24th February 2016
Source: www.lawgazette.co.uk
‘The Supreme Court has overturned two House of Lords judgments in ruling that the multiplier in assessing damages for fatal accident claims should be calculated from the date of the trial, not the date of death.’
Litigation Futures, 24th February 2016
Source: www.litigationfutures.com
‘Garage in south Wales faked accidents in its yards so that bogus insurance and compensation claims totalling £750,000 could be made.’
The Guardian, 29th January 2016
Source: www.guardian.co.uk
‘The Law Commission has recommended a new test of incapacity after the Greville Janner case. We must be cautious about punishing those no longer in control of their actions.’
The Guardian, 19th January 2016
Source: www.guardian.co.uk
Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538
‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’
WLR Daily, 14th December 2015
Source: www.iclr.co.uk
Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496
‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘A tipper truck driver has been jailed for five-and-half years after the lorry he was driving rolled, killing his son.’
The Guardian, 20th November 2015
Source: www.guardian.co.uk
‘In this case, HHJ David Grant had to decide whether or not fixed recoverable costs applied to a claim that started out in the portal but was subsequently allocated to the multi-track.’
Zenith PI, 13th December 2015
Source: www.zenithpi.wordpress.com
‘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.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
‘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.’
Zenith PI Blog, 29th September 2015
Source: www.zenithpi.wordpress.com
‘A local authority has been ordered to pay more than £200,000 after a man died when his car drove into a horizontal swing barrier gate to a car park at a sports ground.’
Local Government Lawyer, 14th September 2015
Source: www.localgovernmentlawyer.co.uk
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
‘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.’
The Guardian, 21st August 2015
Source: www.guardian.co.uk
‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’
Henderson Chambers, 24th July 2015
Source: www.hendersonchambers.co.uk
‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’
Zenith PI, 13th July 2015
Source: www.zenithpi.wordpress.com
‘A fruit farm manager has been jailed for the manslaughter of two workers who died after climbing into a sealed storage unit to collect the best apples for a competition.’
The Guardian, 1st July 2015
Source: www.guardian.co.uk
‘In an important step away from Pretty v UK, the Grand Chamber of the Strasbourg Court has upheld the right of to die with dignity by ruling that there would be no violation of Article 2 (right to life) of the European Convention on Human Rights if artificial nutrition and hydration were to be withdrawn from a patient in a persistent vegetative state.’
UK Human Rights Blog, 16th June 2015
Source: www.ukhumanrightsblog.com
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