‘In a landmark ruling for lawyers and insurers, the Supreme Court has paved the way for personal injury settlements to be successfully challenged if the claimant is subsequently found to have lied.’
Law Society’s Gazette, 27th July 2016
Source: www.lawgazette.co.uk
‘“Fundamental dishonesty” and other measures, outlined by Denise Brosnan.’
New Law Journal, 26th July 2016
Source: www.newlawjournal.co.uk
‘The first of hundreds of people are to begin giving testimony to a public inquiry into child sexual abuse, in an unprecedented national “truth-telling” project designed to catalogue decades of suffering.’
The Guardian, 25th July 2016
Source: www.guardian.co.uk
‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’
Zenith PI Blog, 22nd July 2016
Source: www.zenithpi.wordpress.com
‘Lying on an insurance claim should not necessarily invalidate it, the Supreme Court has said, in a judgement likely to affect all household policies.’
BBC News, 20th July 2016
Source: www.bbc.co.uk
‘Government proposals for driverless cars could create a worrying principle in the law of negligence, a high-profile motoring solicitor has warned.’
Law Society’s Gazette, 16th July 2016
Source: www.lawgazette.co.uk
‘Two people say they owned motorbikes which they kept outside their house – until, it is said, the bikes were mown down by the defendant’s car, a collision which their witness claimed to have seen. The car’s insurers said that the claim was fraudulent and it was all a conspiracy. The judge agreed it was a fraud, whereas the Court of Appeal disagreed – but still disallowed the claim because, the CA said, the owners had not proved their case.’
UK Human Rights Blog, 17th July 2016
Source: www.ukhumanrightsblog.com
‘What can the recently re-launched Adjudication Scheme for Professional Negligence Claims offer parties and practitioners in this area? Those, and don’t worry you’re not alone, oblivious to its original launch as a pilot scheme in February 2015 may be part of the reason for its re-launch 15 months later. The original scheme apparently saw only two adjudications (hardly a sample sufficient to judge the efficacy of the scheme). The re-launched scheme covers a wider range of professionals, the removal of any limit on the amount of the claim and an attempt to cap the fees of the appointed adjudicator within certain bands depending on the value of the claim.’
Hardwicke Chambers, 29th June 2016
Source: www.hardwicke.co.uk
‘Caroline Wood considers the recent Court of Appeal decision concerning the liability of the MIB where an insurer has become insolvent.’
Park Square Barristers, 3rd June 2016
Source: www.parksquarebarristers.co.uk
‘A lender was entitled to recover the full amount of a refinancing loan it granted after relying on a negligent property valuation, and not just the ‘top-up’ funding, the Court of Appeal has ruled.’
OUT-LAW.com, 6th July 2016
Source: www.out-law.com
‘The Senior Costs Judge fell into the trap of considering an individual after-the-event (ATE) insurance premium rather than the basket of risk when he slashed a premium by 60% because he considered it unreasonably high, a senior circuit judge has ruled.’
Litigation Futures, 6th July 2016
Source: www.litigationfutures.com
‘Personal injury lawyers are urging the government to commission independent research about insurance fraud, disputing figures cited by the Ministry of Justice in its call for solicitors to act urgently to tackle the problem.’
Law Society’s Gazette, 3rd June 2016
Source: www.lawgazette.co.uk
‘Kerry Underwood concludes his 60th birthday tour with a master class on small claims, portals & Pt 36.’
New Law Journal, 3rd June 2016
Source: www.newlawjournal.co.uk
‘Most insolvency practitioners and lawyers believe the end of the exemption for insolvency litigation from the abolition of recoverable success fees and insurance premiums in conditional fee cases will lead to “unscrupulous or illegal behaviour” by company directors, a survey has found.’
Litigation Futures, 3rd June 2016
Source: www.litigationfutures.co.uk
‘Permanent health insurance (PHI), also and probably more accurately known or described as Income Protection Insurance (IPI), can solve the problem of income protection when an employee is ill for a period beyond that where income is directly maintained by the employer. The employee has time to recover and the employer is relieved of the expense of paying the non-productive employee. But it is not always a Win-Win situation, particularly where there comes a parting of the ways between employer and employee.’
Henderson Chambers, 31st March 2016
Source: www.hendersonchambers.co.uk
‘Judges occasionally lighten their judgments with literary references. The quotation from Alice in Wonderland “Words mean what I want them to mean” is a favourite in cases involving the interpretation of contracts, and Shakespeare appears fairly regularly.’
Hardwicke Chambers, 23rd May 2016
Source: www.hardwicke.co.uk
‘In his 2015 autumn statement the Chancellor of the Exchequer, the Rt. Hon George Osborne MP, announced that to make it “harder for people to claim compensation for exaggerated or fraudulent whiplash claims, the government is ending the right to cash compensation”.[1] The proposal will remove the right of individuals to claim ‘general damages’ for minor whiplash injuries, compensation for injury, pain and suffering. However, the victims of such injury will still have the right to claim compensation for financial losses such as the costs of medical treatment or loss of earnings.’
Cloisters, 24th May 2016
Source: www.cloisters.com
‘The Civil Procedure Rule Committee (CPRC) has deflected a call by the Forum of Insurance Lawyers (FOIL) to introduce fixed costs in costs-only proceedings, saying that the issue should form part of the wider reform agenda.’
Litigation Futures, 2nd June 2016
Source: www.litigationfutures.co.uk
‘The government yesterday accepted recommendations for stronger fining powers for the Solicitors Regulation Authority (SRA), a lower burden of proof before the Solicitors Disciplinary Tribunal (SDT), and the need to introduce further measures to discourage ‘late’ personal injury claims, in the next stage of its crackdown on fraudulent behaviour.’
Legal Futures, 27th May 2016
Source: www.legalfutures.co.uk
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