Lord Keen: Greater involvement by CMCs “beneficial” for personal injury market – Legal Futures

Posted January 17th, 2018 in claims management, news, personal injuries by sally

‘Justice minister Lord Keen said today that if the government’s personal injury reforms lead to greater involvement by “good” claims management companies (CMCs), it could be “beneficial” for the market.’

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Legal Futures, 16th January 2018

Source: www.legalfutures.co.uk

What does NHS compensation pay for? – BBC News

Posted January 16th, 2018 in compensation, damages, health, news, personal injuries by sally

‘Thomas Hord and his family were given almost £8m in compensation by the NHS after he was starved of oxygen during birth.’

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BBC News, 16th January 2018

Source: www.bbc.co.uk

Defendant entitled to withdraw admission after tenfold increase in claim, appeal judges rule – Litigation Futures

Posted January 4th, 2018 in appeals, damages, news, personal injuries by sally

‘A defendant was entitled to withdraw admission of liability in the face of a personal injury claim which rocketed in size from less than £25,000 to over £300,000, the Court of Appeal has ruled.’

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Litigation Futures, 3rd January 2018

Source: www.litigationfutures.com

Solicitors, Statements of Truth and CNFS: Liverpool Victoria Insurance Company Limited v Yavuz and Otheres [2017] EWHC 3088 QB – Zenith PI Blog

‘In Liverpool Victoria Insurance Company Ltd v Yavuz and others, Warby J found that the parties to a crash-for-cash conspiracy were guilty of contempt of court.’

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Zenith PI Blog, 12th December 2017

Source: zenithpi.wordpress.com

Is the Smith case a step forward for the rights of cohabitees? – Family Law

Posted December 12th, 2017 in bereavement, cohabitation, human rights, negligence, news, personal injuries by sally

‘The inability of long term cohabitees to claim the bereavement award in personal injury cases is incompatible with their human rights: this was the recent finding of the Court of Appeal in Smith (suing in her own right and as the surviving partner of John Bulloch, deceased) v Lancashire Teaching Hospitals NHS Foundation Trust and others [2017] EWCA Civ 1916.’

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Family Law, 11th December 2017

Source: www.familylaw.co.uk

MPs urge “complacent” government to consider mandatory mediation to cut clinical negligence costs – Litigation Futures

Posted December 1st, 2017 in dispute resolution, negligence, news, personal injuries by tracey

‘The government has been “slow and complacent” in its response to the rising costs of clinical negligence and should consider mandatory mediation for certain types of claim, MPs on the public accounts committee (PAC) said today.’

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Litigation Futures, 1st December 2017

Source: www.litigationfutures.com

Man United star seeks £2m for ‘defective’ boots – Daily Telegraph

Posted November 24th, 2017 in damages, news, personal injuries, sport by tracey

‘A Manchester United footballer who is suing New Balance over “defective” boots was told by an executive at the sportswear company that they would “copy” Nike boots for him, it is claimed. Marouane Fellaini, 30, has alleged that his New Balance boots had to be “steamed and stretched” by a United kit man before they would fit. An investment company representing him has sued the American giant and is seeking £2 million damages.’

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Daily Telegraph, 23rd November 2017

Source: www.telegraph.co.uk

Expert Shopping Considered Again – by Fiona Ross – Park Square Barristers

Posted November 23rd, 2017 in civil procedure rules, expert witnesses, news, personal injuries by sally

‘An action was brought by a Claimant child for serious injuries she sustained in a road traffic accident. She recovered 90% of her claim in a liability trial however it was agreed between the parties that a preliminary issue should be tried as to whether her severe developmental abnormalities had been caused by the accident.’

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Park Square Barristers, 22nd November 2017

Source: www.parksquarebarristers.co.uk

Discount Rate and Accommodation Claims: Is there a will and is there a way – Byrom Chambers

‘On 07.09.2016, the Lord Chancellor announced his much awaited response to the Consultation commenced by his predecessor following the decisions made on 27.02.2017 to lower the discount rate from 2.5% to -0.75%.’

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Byrom Street Chambers, September 2017

Source: www.byromstreet.com

Sumption deprecates fault-based liability for PI claims and predicts statutory damages – Litigation Futures

Posted November 21st, 2017 in judges, news, personal injuries, speeches by sally

‘Supreme Court judge Lord Sumption has outlined his dislike of fault-based liability for personal injury claims but admitted it is unlikely to be replaced by a no-fault system.’

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Litigation Futures, 21st November 2017

Source: www.litigationfutures.com

Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court

Posted November 17th, 2017 in accidents, compensation, damages, insurance, lectures, negligence, personal injuries by tracey

‘Abolishing Personal Injuries Law – A project’

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Supreme Court, 16th November 2017

Source: www.supremecourt.uk

Solicitors under fire for failing to act in best interests of seriously injured clients – Litigation Futures

Posted November 16th, 2017 in case management, law firms, news, personal injuries, solicitors, victims by tracey

‘Personal injury lawyers are often failing to act in the best interests of seriously injured clients, according to a law firm’s online poll. The survey by Nockolds Solicitors found that a large majority (81%) of rehabilitation case managers had experienced a situation where a claimant solicitor had “clearly not acted in the best interests of the client”.’

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Litigation Futures, 16th November 2017

Source: www.litigationfutures.com

Thousands of young people injured after being ‘restrained’ by officers – The Independent

‘Thousands of children and teenagers have been injured while being physically restrained in secure facilities, new figures have shown. Ministers have been urged to rethink heavy-handed techniques for restraining minors after official statistics revealed there have been more than 4,800 cases since 2010 where young people were hurt by being pinned down by officials.’

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The Independent, 13th November 2017

Source: www.independent.co.uk

Claimant ordered to pay council £12k over false claims of pothole injury – Local Government Lawyer

Posted November 10th, 2017 in costs, evidence, news, personal injuries by tracey

‘A man has been ordered to pay £12,000 to a council after a court found he falsely claimed he was injured by tripping in a pothole.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

Policeman jailed for selling crash data to claims firm – which were sold on to law firms – Legal Futures

‘Two married constables working for Lancashire Police were sentenced last month for stealing police data about car crashes and selling it to claims firms for £363,000.’

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Legal Futures, 8th November 2017

Source: www.legalfutures.co.uk

Court allows defendant to ditch settlement reached three days before discount rate change – Litigation Futures

‘The High Court has upheld the right of a defendant in a personal injury claim to resile from a settlement agreement made three days before the discount rate was cut earlier this year.’

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Litigation Futures, 3rd November 2017

Source: www.litigationfutures.com

Woman wins £115,000 from former friend after breaking her arm being pulled over by her Alsatian – Daily Telegraph

Posted November 2nd, 2017 in compensation, costs, dogs, negligence, news, personal injuries by tracey

‘A woman has won £115,000 from her former friend after she broke her arm and hip when she was pulled over by her Alsatian dog.’

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Daily Telegraph, 1st November 2017

Source: www.telegraph.co.uk

Lidington confirms rise in small claims limit for personal injury cases – Legal Futures

Posted October 26th, 2017 in accidents, news, personal injuries, road traffic, small claims by sally

‘The small claims limit for RTA cases will rise to £5,000 – as they are not cases where people should usually need a lawyer – and the limit for other personal injury cases to £2,000, the justice secretary, David Lidington, confirmed today. But he could not say when.’

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Legal Futures, 25th October 2017

Source: www.legalfutures.co.uk

PPO first as insurer agrees to cover future cost of mesothelioma treatment – Litigation Futures

‘Solicitors for a man suffering from mesothelioma have claimed a first by securing an agreement with the defendant insurers to cover the future costs of his cancer treatment, no matter the amount or length.’

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Litigation Futures, 24th October 2017

Source: www.litigationfutures.com

Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials – Zenith Chambers

Posted October 20th, 2017 in limitations, news, noise, personal injuries by sally

‘The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant.’

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Zenith Chambers, 13th October 2017

Source: www.zenithchambers.co.uk