‘The decision of the Court of Appeal in the cases of Aktas v Adepta [2010] EWCA Civ 1170 sets a demanding test for Defendants seeking to strike out “second” Claim Forms where service of a “first” Claim Form has failed.’
Zenith PI, 5th March 2018
Source: zenithpi.wordpress.com
‘The government yesterday rejected criticism that its proposed ban on cold-calling did not go far enough and voted it into the Financial Guidance and Claims Bill.’
Legal Futures, 7th February 2018
Source: www.legalfutures.co.uk
‘A north-west law firm has been rebuked after paying more than £200,000 to an unauthorised claims management company for personal injury (PI) referrals.’
Legal Futures, 31st January 2018
Source: www.legalfutures.co.uk
‘The government was accused yesterday of “pulling its punches” and “shilly shallying” over introducing a ban on cold-calling for personal injury (PI) claims.’
Legal Futures, 23rd January 2018
Source: www.legalfutures.co.uk
‘Justice minister Lord Keen said today that if the government’s personal injury reforms lead to greater involvement by “good” claims management companies (CMCs), it could be “beneficial” for the market.’
Legal Futures, 16th January 2018
Source: www.legalfutures.co.uk
‘The High Court has refused both sides permission to inspect other parties’ documents ahead of a high profile £126m civil case over inflated credit hire charges.’
Law Society Gazette, 16th January 2018
Source: www.lawgazette.co.uk
‘British consumers were bombarded with 2.2bn nuisance phone calls and texts from pensions, PPI and cash-for-crash claims firms last year, according to an analysis of Ofcom data.’
The Guardian, 8th January 2018
Source: www.theguardian.com
‘The High Court has rejected an application for relief from sanctions from claimants found to be in “serious and substantial” default by serving their particulars of claims three months late.’
Litigation Futures, 10th October 2017
Source: www.litigationfutures.com
‘Insurers have a positive obligation to make their position plain with insureds in the course of managing claims, the Court of Appeal has ruled. This “duty to speak” arises from good faith obligations in normal commercial contracts and not because of the more onerous utmost good faith obligations in insurance contracts. Those additional obligations, however, may “enlarge the circumstances in which a duty to speak arises”.’
OUT-LAW.com, 13th September 2017
Source: www.out-law.com
‘A claims management company (CMC) has withdrawn a YouTube advert designed to generate holiday sickness claims after the Advertising Standards Authority (ASA) ruled that it was misleading.’
Legal Futures, 6th September 2017
Source: www.legalfutures.co.uk
‘A firm responsible for pressuring people into making holiday sickness claims had its licence cancelled by the Claims Management Regulator (CMR) last week.’
Legal Futures, 29th August 2017
Source: www.legalfutures.co.uk
‘A firm responsible for pressuring people into making holiday-sickness claims has had it’s licence stripped by the Claims Management Regulator.’
Ministry of Justice, 25th August 2017
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Claims management companies (CMCs) will face stricter regulation when responsibility for regulation moves from the Ministry of Justice (MOJ) to the Financial Conduct Authority (FCA), though new rules stop short of a ban on cold calling and cold texting.’
OUT-LAW.com, 3rd August 2017
Source: www.out-law.com
‘Sir David Eady J delivered a judgment on 30 March in the case of Mohamed Ali Harrath v Stand for Peace Limited and Samuel Westrop [2017] EWHC 653 (QB) (available here) in which he held that a claimant is entitled to recover damages that exceed the statement of value included in the claim form.’
4 KBW, 30th March 2017
Source: www.4kbw.net
‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’
Law Society’s Gazette, 13th March 2017
Source: www.lawgazette.co.uk
‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’
Litigation Futures, 22nd February 2017
Source: www.litigationfutures.com
‘The Court of Appeal considered a “short but important point of interpretation of the Civil Procedure Rules” concerning the costs of pre-action disclosure (“PAD”) applications in cases which started, but no longer continue, under the EL/PL Protocol.’
Zenith PI Blog, 2nd February 2017
Source: www.zenithpi.wordpress.com
‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’
Law Society’s Gazette, 30th January 2017
Source: www.lawgazette.co.uk
‘The High Court has told an engineering business it cannot make amendments submitted more than a year after its original defence to a civil claim was filed.’
Law Society’s Gazette, 11th January 2017
Source: www.lawgazette.co.uk
‘A claims management company in Manchester has become the latest to be slapped down by the Advertising Standards Authority (ASA) after failing to make clear to potential customers that the amount of money they could receive was before its 33% fee was deducted.’
Legal Futures, 17th August 2016
Source: www.legalfutures.co.uk
© Inner Temple Library 2018