‘Both the claimant and defendant representatives have expressed frustration with the progress of the government’s whiplash reforms, and doubted it will be ready for April 2020 as planned.’
Legal Futures, 26th June 2019
Source: www.legalfutures.co.uk
‘Defendant insurers have agreed to be bound by the outcome of the alternative dispute resolution (ADR) process being built into the new whiplash system, it has emerged.’
Legal Futures, 13th June 2019
Source: www.legalfutures.co.uk
‘Earlier this year I found myself waiting for the Court of Appeal to bring the next instalment in a series of interesting decisions regarding subrogation claims in insurance disputes (not a contradiction in terms, I promise!), which I and my colleague John have been taking it in turns to blog about (see Joint insurance and rights of subrogation revisited and Co-insurance and subrogation rights revisited (again!)). Unfortunately (though perhaps not for those involved) the case in question (Haberdashers‘ Aske’s Federation Trust Ltd v Lakehouse Contracts Ltd and others) settled. But it feels as though there’s been a missed opportunity to answer a question that was left entirely open in Gard Marine and Energy Ltd v China National Chartering Company Ltd: where there is a co-insurance policy in place and a sub-contractor causes loss, if the co-insurance policy (for whatever reason) does not cover the sub-contractor, can the insurer bring a subrogated claim against the sub-contractor or, does it first have to prove the sub-contractor is liable for the loss?’
Practical Law: Construction Blog, 11th June 2019
‘Insurers are not permitted to “spike” mesothelioma-related reinsurance claims arising under employers’ liability policies, the The Court of Appeal in the UK has ruled.’
OUT-LAW.com, 6th June 2019
Source: www.out-law.com
‘The Court of Appeal has upheld a ruling that the Motor Insurers Bureau (MIB) has to pay compensation to a man injured by an uninsured vehicle, even though it was on private land.’
Litigation Futures, 5th June 2019
Source: www.litigationfutures.com
‘A graduate who sued her university over her “Mickey Mouse” degree has received a £60,000 out-of-court settlement.’
BBC News, 2nd June 2019
Source: www.bbc.co.uk
‘In early May the UK government became the first in the world to declare an environment and climate change emergency. The impact of climate change will affect every aspect of daily life, and generates a number of significant financial risks.’
OUT-LAW.com, 21st May 2019
Source: www.out-law.com
‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’
Law Society's Gazette, 16th May 2019
Source: www.lawgazette.co.uk
‘So after many of months of GDPR-related anguish, finally some good news for data controllers: with effect from last Saturday (6th April), conditional fee agreement (CFA) success fees will no longer be recoverable from defendants in privacy or defamation proceedings, at least where the relevant CFA was entered into after 5 April.’
Panopticon, 8th April 2019
Source: panopticonblog.com
‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’
Litigation Futures, 3rd April 2019
Source: www.litigationfutures.com
‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.’
Litigation Futures, 3rd April 2019
Source: www.litigationfutures.com
‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’
39 Essex Chambers, 21st February 2019
Source: www.39essex.com
‘In principle, costs and funding should be taken into account when determining the value of litigation which has been lost by lawyers’ negligence. The Courts by and large purport to do this,[1] but the reported cases mostly do not do so adequately, and as a result considerably overvalue lost claims. I will attempt in this paper to show why, backed up by some simple calculations. In particular, the possibility of losing any trial makes a very great impact on the value of a claim.’
4 New Square, 28th February 2019
Source: www.4newsquare.com
‘Accident victims have no right to sue an untraced driver, the Supreme Court has ruled.’
Litigation Futures, 20th February 2019
Source: www.litigationfutures.com
‘The extent to which property owners of a defective building have a valid claim against professionals with involvement in the development is a subject that has recently seen an upsurge in interest and litigation. In the past months two TCC judgments have been published that consider the particular role and potential liabilities of approved inspectors (AIs): Zagora Management Ltd and others v Zurich Insurance plc and others and Lessees and Management Company of Herons Court v Heronslea Ltd and others.
To the disappointment of property owners, and perhaps the relief of insurers, these cases demonstrate the difficulties claimants face in succeeding against AIs.’
Practical Law: Construction Blog, 11th February 2019
‘The insurer of a negligent Italian law firm operating in London has been ordered to pay £3m in costs to the victims after the lawyers failed to pay up.’
Legal Futures, 14th January 2018
Source: www.legalfutures.co.uk
‘The Financial Conduct Authority (FCA) will become responsible for the regulation of claims management companies in Great Britain from April this year in a move broadly welcomed within the insurance sector. Legislation implementing the reforms provides some details on how the new regime will work.’
OUT-LAW.com, 7th January 2019
Source: www.out-law.com
‘The Ministry of Justice (MoJ) has issued a call for evidence on the new personal injury discount rate to be set under what will soon be the Civil Liability Act.’
Litigation Futures, 10th December 2018
Source: www.litigationfutures.com
‘A pharmacist who strangled his wife with a Tesco bag so he could start a new life with his boyfriend has been found guilty of murder.’
BBC News, 4th December 2018
Source: www.bbc.co.uk
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