The use and abuse of the Rehabilitation Code in liability disputed cases – Exchange Chambers

‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Participation of vulnerable parties in civil litigation: split trials and stays (AXX v. Zajac) – Exchange Chambers

‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Healthcare Enabled Fraud – 3PB

‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’

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3PB, 13th December 2022

Source: www.3pb.co.uk

Patient fault and contributory negligence in clinical negligence – Exchange Chambers

‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’

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Exchange Chambers, 22nd December 2022

Source: www.exchangechambers.co.uk

Two cases about QOCS where the claimant accepted a Part 36 offer late – Hailsham Chambers

‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’

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Hailsham Chambers, 3rd January 2023

Source: www.hailshamchambers.com

Government claims more than £130 million after suing pandemic gown supplier – The Independent

‘Lawyers say the Government is claiming more than £130 million after suing a firm at the centre of a row over the supply of personal protective equipment during the coronavirus pandemic.’

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The Independent, 5th January 2023

Source: www.independent.co.uk

Court allows costs challenge by client ‘not informed’ about options – Law Society’s Gazette

Posted December 19th, 2022 in costs, damages, news, personal injuries, solicitors, time limits by tracey

‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’

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Law Society's Gazette, 16th December 2022

Source: www.lawgazette.co.uk

High court rejects costs setoff in QOCS claim – Law Society’s Gazette

Posted December 16th, 2022 in accidents, compensation, costs, damages, news, part 36 offers, personal injuries by tracey

‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’

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Law Society's Gazette, 15th December 2022

Source: www.lawgazette.co.uk

Ombudsman’s decisions and housing conditions claims – Nearly Legal

Posted December 15th, 2022 in complaints, damages, health & safety, housing, news, ombudsmen, repairs by tracey

‘Plunkett v Clarion HA. County Court at Central London. Ms Plunkett was an assured tenant of Clarion, on the Eastfields Estate. She began a claim for disrepair and unfitness for human habitation while in temporary accommodation in a hotel. The defects complained of were primarily leaks to the interior of the flat and outside the front door causing interior damp, significant mould growth, leaks from above, non-functioning ventilation to kitchen and bathroom, and infestation of mice, for periods of two to four years. The existing issues and unfitness for human habitation were confirmed in an independent expert report. Clarion had refused to agree a single joint expert.’

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Nearly Legal, 13th December 2022

Source: nearlylegal.co.uk

Don’t double compensate for the same claim, defendants tell CoA – Law Society’s Gazette

Posted December 2nd, 2022 in appeals, compensation, damages, news, personal injuries by tracey

‘Defendant lawyers have urged the Court of Appeal not to risk double compensation for injuries caused by the same accident.’

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Law Society’s Gazette, 1st December 2022

Source: www.lawgazette.co.uk

MoJ: Number of unrepresented claimants is not measure of OIC success – Legal Futures

‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’

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Legal Futures, 30th November 2022

Source: www.legalfutures.co.uk

When is it appropriate to use Part 8 in adjudication enforcement? – Practical Law: Construction Blog

‘The case of Breakshore Ltd v Red Key Concepts Ltd, as heard in the TCC earlier this year, reconfirms the court’s position in respect of when it is appropriate to use Part 8 claims to resist adjudication enforcement hearings.’

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Practical Law: Construction Blog, 11th November 2022

Source: constructionblog.practicallaw.com

Clangers: LPAs and duties of care – Local Government Lawyer

Posted November 11th, 2022 in causation, damages, duty of care, local government, negligence, news, planning by tracey

‘Does a local planning authority owe a duty of care to an applicant for planning permission? Simon Ricketts analyses a recent High Court ruling.’

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Local Government Lawyer, 11th November 2022

Source: www.localgovernmentlawyer.co.uk

Twitter libel ruling vindicates TV presenter – Law Society’s Gazette

Posted November 1st, 2022 in appeals, damages, defamation, internet, media, news by sally

‘The Court of Appeal’s judgment was handed down in August 2022 in Laura Murray’s appeal against the ruling of Mr Justice Nicklin in Rachel Riley’s (pictured above) libel claim. The appeal was unanimously dismissed by the Court of Appeal, with £10,000 falling due to Riley.’

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Law Society's Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Mother wins £60,000 over Morrisons discrimination – BBC News

‘Morrisons has been told to pay a mother £60,000 for discriminating against her when she returned from maternity leave.’

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BBC News, 31st October 2022

Source: www.bbc.co.uk

Losing litigant in mixed claim avoids immediate costs order – Law Society’s Gazette

Posted October 31st, 2022 in civil procedure rules, costs, damages, news, personal injuries by tracey

‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’

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Law Society’s Gazette, 28th October 2022

Source: www.lawgazette.co.uk

Belsner: Lawyers win in crucial costs recovery ruling – Law Society’s Gazette

Posted October 28th, 2022 in appeals, codes of practice, costs, damages, law firms, news, personal injuries, solicitors by tracey

‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’

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Law Society’s Gazette, 27th October 2022

Source: www.lawgazette.co.uk

DPA breach at “lowest end of spectrum”: High Court awards £250 – Panopticon

‘Just about anyone who works in data protection will probably have asked, or have been asked: what do courts tend to award claimants who suffer data breaches? They will probably also be used to an answer along the lines that “it’s quite difficult to say; there isn’t very much case law”. Last week’s judgment of Knowles J in Driver v Crown Prosecution Service [2022] EWHC 2500 (KB) is a helpful contribution to this limited line of authority.’

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Panopticon, 17th October 2022

Source: panopticonblog.com

Will your UK damages be taxable? – OUT-LAW.com

Posted October 12th, 2022 in capital gains tax, damages, income tax, news, taxation by tracey

‘Awards and settlements in commercial disputes can be taxable in the claimant’s hands. The tax treatment of damages should be considered at an early stage as this may need to be factored into the amount claimed. Tax also needs to be considered in settlement negotiations to ensure the offer is enough.’

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OUT-LAW.com, 11th October 2022

Source: www.pinsentmasons.com

Former UCL academic to pay damages after harassing colleague for months – The Guardian

Posted October 12th, 2022 in damages, defamation, employment, harassment, internet, news, universities by tracey

‘A former academic at University College London must pay almost £50,000 in damages to a former colleague after falsely portraying her as a sex worker on social media as part of a months-long campaign of harassment.’

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The Guardian,12th October 2022

Source: www.theguardian.com