Borough council secures guilty pleas for plying for hire during Cheltenham Festival – Local Government Lawyer

Posted December 4th, 2019 in guilty pleas, insurance, licensing, local government, news, prosecutions, taxis by tracey

‘Cheltenham Borough Council has successfully prosecuted five drivers for unlawfully plying for hire during Cheltenham Festival 2019.’

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Local Government Lawyer, 4th December 2019

Source: www.localgovernmentlawyer.co.uk

Partners made “secret profit” from flight delay ATE insurance – Litigation Futures

Posted November 20th, 2019 in airlines, delay, disciplinary procedures, insurance, news, secret profits, solicitors by sally

‘Two law firm partners who made a “secret profit” by opting thousands of flight delay clients into an after-the-event (ATE) insurance policy have been fined a total of £55,000 by the Solicitors Disciplinary Tribunal (SDT).’

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Litigation Futures, 20th November 2019

Source: www.litigationfutures.com

Solicitor sanctioned for indemnity insurance breaches – Legal Futures

Posted November 20th, 2019 in disciplinary procedures, indemnities, insurance, mental health, news, solicitors by sally

‘A solicitor who practised without insurance has been spared an appearance before a disciplinary tribunal, in part because he was suffering from depression at the time.’

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Legal Futures, 20th November 2019

Source: www.legalfutures.co.uk

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

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St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

Case Comment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘Alaina Wadsworth, Ben Brown, Ed Foss and Thomas Pangbourne, who all work within the Insurance & Reinsurance Group at CMS, comment on the decision handed down by the UK Supreme Court on 30 October 2019, in the matter of Travelers Insurance Company Ltd v XYZ [2019] UKSC 48.’

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UKSC Blog, 11th November 2019

Source: ukscblog.com

New Judgment: Travelers Insurance Company Ltd v XYZ [2019] UKSC 48 – UKSC Blog

‘This appeal concerned who should pay the legal costs of 426 claimants who successfully sued a medical group for the supply of defective silicone breast implants. It allows the Supreme Court to review the principles concerning third-party costs orders. 426 uninsured claimants applied to the court for an order that Travelers pay their costs. The High Court and Court of Appeal held that Travelers be ordered to pay them, albeit for slightly different reasons. Travelers appealed to the Supreme Court.’

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UKSC Blog, 30th October 2019

Source: ukscblog.com

SC limits third-party costs orders against insurers – Litigation Futures

Posted October 31st, 2019 in costs, insurance, news, third parties by sally

‘The Supreme Court has overturned a ruling by the Court of Appeal that the only limit on the court’s discretion to make third-party costs orders against insurers was that it must be exercised justly.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Proportionality – Compared with what? And how to assess – No. 5 Chambers

‘Proportionality has been the watchword in costs for such a length of time that one might have been tempted into thinking that ‘new learning’ on the topic was unlikely. The Court of Appeal’s decision in West v. Stockport NHS Foundation Trust/Demouilpied v. Stockport NHS Foundation Trust [2019] EWCA Civ 1220 (hereinafter “West”) provides fresh insight, however, in relation to both the matters that will be considered by a judge assessing the proportionality of costs, and also the procedure to be adopted.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

ATE Insurance Premiums – one door closed, another opened? – No. 5 Chambers

Posted October 30th, 2019 in appeals, compensation, damages, hospitals, insurance, negligence, news, proportionality by sally

‘In July 2019 the Court of Appeal judgment was handed down in the joint appeals of West v Stockport NHS Foundation Trust and Demouilpied v Stockport NHS Foundation Trust [2019] EWCA Civ 1220. The judgment dealt with the contentious issue of recoverable ATE premiums and how they can be properly challenged.’

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No. 5 Chambers, 10th October 2019

Source: www.no5.com

Claimant faces £400,000 credit hire bill in “extreme” case – Litigation Futures

Posted October 28th, 2019 in accidents, compensation, insurance, news, road traffic by tracey

‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’

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Litigation Futures, 25th October 2019

Source: www.litigationfutures.com

Furniture shop owner who deliberately caused an explosion that injured 81 people in a botched insurance job jailed for 20 years – Daily Telegraph

Posted October 24th, 2019 in explosives, fraud, insurance, news, sentencing by sally

‘A furniture shop owner has been jailed for 20 years for causing a “colossal” explosion which injured 81 people in an attempt to claim insurance.’

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Daily Telegraph, 23rd October 2019

Source: www.telegraph.co.uk

UK couple ‘had 11-year-old son stabbed to death to claim £150,000 insurance payout’ – The Independent

Posted October 18th, 2019 in adoption, children, extradition, India, insurance, murder, news by tracey

‘A couple are facing attempts to extradite them to India over claims they arranged the murder of their 11-year-old adopted son so they could claim a life insurance payout.’

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The Independent, 17th October 2019

Source: www.independent.co.uk

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

New Ferry explosion: Furniture shop owner guilty of causing blast – BBC News

Posted October 15th, 2019 in explosives, fraud, insurance, news, personal injuries by tracey

‘A furniture shop owner has been found guilty of deliberately causing an explosion that injured 81 people, in what was an “insurance job gone wrong”.’

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BBC News, 14th October 2019

Source: www.bbc.co.uk

Court proceedings pack change “renders portal offer void” – Litigation Futures

Posted August 19th, 2019 in appeals, civil procedure rules, damages, documents, insurance, news, personal injuries by tracey

‘A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack (CPP) as in the stage 2 settlement pack form renders the offer void.’

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Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

Rural crime in Britain hits seven-year high – The Guardian

Posted August 5th, 2019 in agriculture, gangs, insurance, news, statistics, theft by tracey

‘Rural crime has hit a seven-year high, costing the UK £50m in 2018, a report says. In its annual study of offences against farmers and rural businesses, the insurer NFU Mutual found rural crime in 2018 was up 12% on the previous year.’

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The Guardian, 5th August 2019

Source: www.theguardian.com

CA ruling on ATE and proportionality “a victory for access to justice” – Litigation Futures

Posted July 19th, 2019 in costs, insurance, news, proportionality by tracey

‘Yesterday’s Court of Appeal decision on proportionality and the recovery of after-the-event (ATE) insurance premiums was “a triumph for access to justice”, according to the insurer whose policy was under scrutiny.’

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Litigation Futures, 18th July 2019

Source: www.litigationfutures.com

Gauke sets new discount rate at -0.25% – Litigation Futures

Posted July 15th, 2019 in compensation, indexation, insurance, interest, news, personal injuries by tracey

‘Lord Chancellor David Gauke announced this morning that he is to change the personal injury discount rate from -0.75% to -0.25%, a lower figure than was widely anticipated.’

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Litigation Futures, 15th July 2019

Source: www.litigationfutures.com

Case Comment: Sveriges Angfartygs Assurans Forening (The Swedish Club) and others v Connect Shipping Inc and another [2019] UKSC 29 – UKSC Blog

Posted July 11th, 2019 in insurance, news, repairs, shipping law, ships, Supreme Court by sally

‘John Butler is a senior associate in the insurance and reinsurance group at CMS, specialising in maritime disputes. John is dual-qualified in Hong Kong and England & Wales, and regularly acts for international clients in Hong Kong litigation and international arbitration, particularly in international trade disputes under charterparties, bills of lading, letters of credit and contracts of affreightment.’

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UKSC Blog, 10th July 2019

Source: ukscblog.com

Revealed: Children to be exempt from whiplash portal – for now – Legal Futures

‘Children and protected parties are to be exempt from the increase in the small claims limit and the new whiplash portal – at least for now – Legal Futures can reveal.’

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Legal Futures, 8th July 2019

Source: www.legalfutures.co.uk