Pre-Action Correspondence: What to do if you get a Stroppy Letter ……. or worse – NIPC Law

‘On Wednesday I stressed the importance of pre-action correspondence and how the drafting of a letter before claim can make all the difference between getting what you want quickly and cheaply through focused negotiation and precipitating an expensive and possibly protracted law suit in Pre-Action Correspondence – Not Just a Box to be ticked or a Hoop to be jumped through 2 Aug 2017. Today, I shall tell you what to do if you receive a letter accusing you of infringing a patent or some other intellectual property right.’

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NIPC Law, 4th August 2017

Source: nipclaw.blogspot.co.uk

News focus: Wish you weren’t here – Law Society’s Gazette

Posted July 17th, 2017 in costs, fees, fraud, holidays, insurance, news, personal injuries by tracey

‘Personal injury (PI) lawyers may have experienced a powerful sense of deja vu last week when the government announced a review of fees in holiday sickness claims. The same apocalyptic warnings of rampant fraud; the same incessant lobbying from a trade body. And ultimately the same solution – fixed costs – provided by ministers who would rather the whole thing just went away.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Court of Appeal QOCS decision provides claimant insurers comfort, says expert – OUT-LAW.com

Posted July 11th, 2017 in appeals, civil procedure rules, costs, insurance, news by sally

‘The Court of Appeal has ruled that qualified one-way costs shifting (QOCS) should apply where an injured party has the right to pursue compensation against an organisation such as an insurance company or tour operator, rather than the wrongdoer.’

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OUT-LAW.com, 11th July 2017

Source: www.out-law.com

Major boost for claimants with Court of Appeal QOCS ruling – Litigation Futures

‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’

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Litigation Futures, 10th July 2017

Source: www.litigationfutures.com

Claimant entitled to shifted costs against compensatory body – Law Society’s Gazette

Posted July 7th, 2017 in compensation, costs, insurance, news, personal injuries, road traffic by tracey

‘A claimant severely injured in a crash with an unknown motorist is entitled to costs protection against a compensatory body, the Court of Appeal has ruled.’

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Law Society's Gazette, 7th July 2017

Source: www.lawgazette.co.uk

Rule committee warns lawyers they risk “a solution being imposed” on credit hire cases – Litigation Futures

Posted July 6th, 2017 in civil procedure rules, consultations, consumer credit, insurance, news by sally

‘The Civil Procedure Rule Committee (CPRC) has warned lawyers involved in the “highly contentious area” of credit hire litigation that if they fail to agree a new model order for directions, they risk “a solution being imposed”.’

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Litigation Futures, 6th July 2017

Source: www.litigationfutures.com

Defendant Secures non-party Costs order against Credit Hire Organisation – Park Square Barristers

‘In this Judgment handed down last week, the Court considered the potential for credit hire companies, who were not parties to the litigation, to be the subject of costs orders. The Appellant car hire company was the subject of such a non-party costs order at first instance and appealed to the High Court. The decision is one which anyone involved in credit hire should be aware of.

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Park Square Barristers, 29th June 2017

Source: www.parksquarebarristers.co.uk

Issues highlighted by GB Building Ltd v SFS Fire Services Ltd – Hardwicke Chambers

‘Practical completion is a key concept in any construction project. It has a significant impact on a party’s rights and obligations, and represents a major milestone in the overall project timetable. Under the majority of construction projects, it marks the point at which the clock starts running for the overall transfer of risk from the contractor to the owner.’

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Hardwicke Chambers, 30th June 2017

Source: www.hardwicke.co.uk

Insurer Justified in Refusing Indemnity for Misrepresentation – Park Square Barristers

‘Last month I discussed the Court of Appeal decision in Ashfaq v International Insurance Company of Hannover PLC [2017] EWCA Civ 357 in which the insurers were held to be entitled to avoid a commercial landlord policy on grounds of non-disclosure of pending criminal proceedings. The Courts again considered avoidance for misrepresentation and non-disclosure in this latest case heard by Judge Slater in the Queens Bench Division.’

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Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

Is an RTA Insurer Liable for an Unidentified Defendant? – Park Square Barristers

‘The Court of Appeal has held in Cameron v Hussain and Liverpool Victoria [2017] EWCA Civ 366 that a Claimant can obtain a judgment against a Defendant identified only by description of him as the driver of a vehicle on a particular date. Whilst in almost every other area of law such judgment would be worthless as unenforceable, the Road Traffic Act 1988 provisions impose a contingent liability against the insurer of the vehicle to satisfy such a judgment. At first blush this seems to dismantle the careful limitations placed on the European Communities (Rights Against Insurers) Regulations 2002 to effectively enable a Claimant to pursue the insurer of a vehicle despite the fact that the driver of the same is unknown. This article, drafted by Park Square Barristers’ insurance indemnity specialists, Richard Paige and Judy Dawson, looks at the Court of Appeal judgment and the implications for the insurance industry.’

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Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

The Reasonableness of Insurance Premiums – Tanfield Chambers

‘Leases generally require leaseholders to contribute to insurance of their block – whether by including the cost in the general service charges or by way of a separate charge known as an “insurance rent”.’

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Tanfield Chambers, 22nd June 2017

Source: www.tanfieldchambers.co.uk

Ian Paterson: Why have private patients not been compensated? – BBC News

Posted June 26th, 2017 in cancer, compensation, health, insurance, medical treatment, news, wounding by sally

‘Patients taking out private health insurance expect to get the best treatment, but what happens if things go wrong? While the NHS has paid out millions to the patients of disgraced breast surgeon Ian Paterson, his private patients are still seeking compensation. Why?’

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BBC News, 26th June 2017

Source: www.bbc.co.uk

UK holiday fraudsters could face jail – BBC News

Posted June 21st, 2017 in compensation, fraud, holidays, imprisonment, insurance, news, personal injuries by sally

‘UK holidaymakers who make bogus food poisoning claims could go to prison, warns travel trade organisation Abta.’

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BBC News, 21st June 2017

Source: www.bbc.co.uk

Payday loan complaints see sharp rise despite new rules – BBC News

‘Complaints about payday loans have risen sharply for the second consecutive year despite strict new regulations limiting interest charges.’

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BBC News, 13th June 2017

Source: www.bbc.co.uk

In re RBS rights issue litigation (No 2) – WLR Daily

Posted June 7th, 2017 in civil procedure rules, costs, insurance, law reports, third parties by sally

In re RBS rights issue litigation (No 2) [2017] EWHC 1217 (Ch)

‘Subsequent to the defendant bank and its directors having learnt of the identity of the third party funders of the claimants following a successful application made under CPR r 25.14, the defendants sought security for costs pursuant to CPR r 25.14(2)(b) against those funders. That application was prompted by settlements with some of the original claimants, as a result of which the remaining claimants’ exposure to adverse costs increased, and by the defendants learning that the claimants did not have adequate after-the-event (“ATE”) insurance cover in place. The first respondent, a commercial funder and British Virgin Islands entity, opposed the application on the grounds that: (a) its financial position was such that it would be well able to meet any award for costs and in any event the defendants had not demonstrated that the claimants would fail to meet a costs award against them; and (b) the application was made extremely late and therefore caused it and the claimants real prejudice. The second respondent, an Isle of Man entity that was not in the business of litigation funding and provided funding close to the eve of trial, opposed the application on the grounds that: (a) it was unlikely that a section 51 order would be made against it in due course; and (b) no security was justified or necessary on the evidence and the timing was oppressive. Both respondents also argued that: (c) the quantum of security sought was excessive.’

WLR Daily, 23rd May 2017

Source: www.iclr.co.uk

Protecting the cost of clients’ initial disbursements – Litigation Futures

Posted June 1st, 2017 in civil justice, costs, insurance, news, solicitors by sally

‘The overwhelming majority of solicitors understand the need to offer their clients financial protection during the course of litigation, however, often the inclination is to assist in safeguarding their client’s financial risk is generally befitting when it comes to Issuing Proceedings. At this juncture it becomes appropriate to make a recommendation of the possibility in obtaining After the Event Insurance.’

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Litigation Futures, 31st May 2017

Source: www.litigationfutures.com

Breast surgeon Ian Paterson jailed for 15 years for carrying out needless operations – The Guardian

Posted June 1st, 2017 in compensation, conspiracy, doctors, health, insurance, news, sentencing, wounding by sally

‘Victims of a rogue breast surgeon who left hundreds of patients disfigured after carrying out needless operations have called for “co-conspirators” to be held to account, accusing them of turning a blind eye to the malpractice.’

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The Guardian, 31st May 2017

Source: www.theguardian.com

Judge outlines concern over “extraordinary” £129m costs of RBS in defending rights issue case – Litigation Futures

Posted May 24th, 2017 in banking, costs, insurance, judges, news, payment into court by sally

‘The judge in charge of the RBS rights issue litigation has outlined his “very great concern” about the “extraordinary” costs racked up by the bank, which are currently estimated at £129m.’

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Litigation Futures, 24th May 2017

Source: www.litigationfutures.com

Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

Claimant delight as court rejects repayment of £400 fixed costs – Law Society’s Gazette

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’

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Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk