Couple win £38,000 payout after council refuses to chop down tree which damaged their home – Daily Telegraph

Posted March 22nd, 2016 in damages, housing, insurance, local government, news, trees by sally

‘Bill and Mary Nicholson were awarded compensation after the Cedar tree’s roots caused serious damage to their semi-detached £400,000 property’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Legal expenses insurance tax hike is yet another barrier to justice – The Bar Council

Posted March 21st, 2016 in barristers, budgets, costs, expenses, fees, insurance, press releases, taxation by sally

‘The Bar Council has warned that the Chancellor of the Exchequer’s Budget announcement that the Insurance Premium Tax will go up yet again is another barrier for hardworking individuals and families seeking justice.’

Full press release

The Bar Council, 18th March 2016

Source: www.barcouncil.org.uk

Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

Full story

Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Daily Mail loses challenge to recoverable ATE – but success fee uncertainty heads to Supreme Court – Litigation Futures

Posted March 17th, 2016 in appeals, costs, fees, freedom of expression, insurance, media, news, Supreme Court by sally

‘Recoverable after-the-event insurance (ATE) premiums are not incompatible with a publisher’s right to freedom of expression, the High Court has ruled – but it is asking the Supreme Court to resolve the case law tension over recoverable success fees in publications proceedings.’

Full story

Litigation Futures, 15th March 2016

Source: www.litigationfutures.com

Court of Appeal teaches insurer “harsh” lesson on relief from sanctions – Litigation Futures

Posted March 11th, 2016 in appeals, default judgments, delay, fraud, insurance, news, sanctions by sally

‘An insurance company which was dilatory in dealing with a personal injury claim and only alleged fraud after default judgment had been entered has been refused relief from sanctions by the Court of Appeal in a decision it acknowledged may seem “harsh”.’

Full story

Litigation Futures, 10th March 2016

Source: www.litigationfutures.com

Judge rejects NHSLA challenge to medical negligence ATE premium – Litigation Futures

Posted March 1st, 2016 in costs, health, insurance, negligence, news by sally

‘A circuit judge has rejected a challenge by the NHS Litigation Authority (NHSLA) to a medical negligence ATE insurance premium described by the claimant as a “perfectly normal block policy”.’

Full story

Ligitation Futures, 29th February 2016

Source: www.litigationfutures.com

Sharing the Spoils – Tanfield Chambers

Posted February 24th, 2016 in covenants, insurance, interpretation, landlord & tenant, leases, news by sally

‘It is not uncommon for a lease to impose an obligation on one party or another to insure the subject property against the usual insured risks. But difficult questions can arise when the party placing the insurance is not the party in occupation. When and to what extent can the proceeds be shared? And what impact does such an arrangement have on damage caused by the occupier’s negligence?’

Full story

Tanfield Chambers, 9th February 2016

Source: www.tanfieldchambers.co.uk

Fraudulent credit hire claim leads to successful tort of deceit claim for costs of investigating such credit hire & exemplary damages – Park Square Barristers

Posted February 24th, 2016 in damages, deceit, fraud, insurance, news, personal injuries, road traffic by sally

‘Judy Dawson discusses how a combination of a quick witted insurer claims handler, a tenacious solicitor, and the expertise of the Park Square Barristers Civil Fraud Team led to a successful result against a fraudulent Claimant.’

Full story

Park Square Barristers, 2nd February 2016

Source: www.parksquarebarristers.co.uk

Tenants saved from ‘flood’ of money claims for insured losses – Hardwicke Chambers

Posted February 23rd, 2016 in insurance, landlord & tenant, news by sally

‘The High Court delivered judgment last Friday in Fresca-Judd v Golovina, a test case raising important questions on tenants’ liability for damage to property. Katrina Mather assisted with this case during her twelve month pupillage, and has set out a useful summary of the case, and the issues that flow from it.’

Full story

Hardwicke Chambers, 11th February 2016

Source: www.hardwicke.co.uk

Savers pay hundreds for bank account mis-selling claims rejected by ombudsman – Daily Telegraph

‘Financial Ombudsman Service says claims made through third-party companies much less likely to be upheld.’

Full story

Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

City watchdogs investigate financial age discrimination – Daily Telegraph

‘The FCA may for the first time create special rules to protect the interests of the elderly.’

Full story

Daily Telegraph, 20th February 2016

Source: www.telegraph.co.uk

Su-su-subrogation – Nearly Legal

Posted February 18th, 2016 in housing, insurance, landlord & tenant, news by sally

‘Ms Golvina had rented a cottage from Ms Fresca-Judd. The rent was some £2,800 per month. Ms Golvina was away from the cottage over the Christmas period in 2010 and while she was away, the pipes froze and then burst during a cold snap. The cottage was flooded and the damage caused allegedly amounted to some £128,089.71.’

Full story

Nearly Legal, 16th February 2016

Source: www.nearlylegal.co.uk

Driver who used Bond-style smokescreen to escape police chase avoids jail – Daily Telegraph

‘A speeding driver who deployed a James Bond-style smokescreen device in a bid to shake off police has been spared jail.’

Full story

Daily Telegraph, 17 February 2016

Source: www.telegraph.co.uk

Further shots fired in the long-running battle between credit hire companies and insurers… Zenith PI Blog

Posted February 8th, 2016 in appeals, consumer credit, contracts, damages, insurance, news by sally

‘Credit hire litigation is rife with technical arguments which have been accused of being “layers of artificiality” (by Judge Mackie in W v Veolia Environmental Services (UK) Plc [2011] EWHC 2020 (QB), [2012] 1 All E.R. (Comm) 667).’

Full story

Zenith PI Blog, 8th February 2016

Source: www.zenithpi.wordpress.com

‘Cash for crash’: 81 sentenced in fake car accidents scam – The Guardian

Posted January 29th, 2016 in accidents, closed circuit television, compensation, fraud, inquiries, insurance, news by sally

‘Garage in south Wales faked accidents in its yards so that bogus insurance and compensation claims totalling £750,000 could be made.’

Full story

The Guardian, 29th January 2016

Source: www.guardian.co.uk

Ee Turpi Causa and the MIB – Zenith PI Blog

Posted January 21st, 2016 in appeals, crime, ex turpi causa, insurance, news, personal injuries, uninsured drivers by sally

‘Smith appealed against the decision of the MIB not to meet his personal injury claim when it was discovered that the First Defendant was an uninsured driver.’

Full story

Zenith PI Blog, 20th January 2016

Source: www.zenithpi.wordpress.com

Gordon-Saker: Newspaper’s rights not breached by success fees and ATE recovery – Litigation Futures

‘A newspaper’s right to free expression under article 10 of the European Convention was not breached by being ordered to pay success fees and after-the-event (ATE) insurance premiums, Master Gordon-Saker has ruled.’

Full story

Litigation Futures, 19th January 2016

Source: www.litigationfutures.com

Crash for cash: Five more guilty over insurance scam – BBC News

Posted December 18th, 2015 in fraud, insurance, news, road traffic by sally

‘Five people have been found guilty over the biggest car insurance fraud investigation in the UK. They were convicted of making six insurance claims worth £144,000 between 2009 and 2011. Two were found not guilty.’

Full story

BBC News, 17th December 2015

Source: www.bbc.co.uk

Court of Appeal rules third-party capture insurer still has to pay solicitors’ costs – Litigation Futures

Posted December 3rd, 2015 in appeals, costs, fees, insurance, news, solicitors, third parties by sally

‘The Court of Appeal has made a major strike against the practice of third-party capture by ordering an insurance company that settled personal injury claims directly with the clients of a law firm to pay the solicitors the costs they would have earned.’

Full story

Litigation Futures, 3rd December 2015

Source: www.litigationfutures.com

Are firms discriminating against you because of age? Here’s how to check – Daily Telegraph

‘We look at how the ombudsman deals with complaints about age discrimination.’

Full story

Daily Telegraph, 25th November 2015

Source: www.telegraph.co.uk