Claimant “bound” by failure to change figure in portal – Litigation Futures

Posted February 19th, 2019 in compensation, contracts, damages, news, personal injuries, solicitors by sally

‘A claimant whose solicitors failed to amend the gross settlement box in the Ministry of Justice portal while negotiating with the defendant insurer was stuck with the figure, a circuit judge has ruled.’

Full Story

Litigation Futures, 19th February 2019

Source: www.litigationfutures.com

Case Comment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Rory Thomson, a senior associate in the disputes team at CMS, comments on the judgment of the UK Supreme Court in the case of Perry v Raleys Solicitors, which was handed down on 13 February 2019. The judgment is a useful affirmation and clarification of the law on the assessment of causation and loss in professional negligence cases.’

Full Story

UKSC Blog, 18th February 2019

Source: ukscblog.com

New Judgment: Perry v Raleys Solicitors [2019] UKSC 5 – UKSC Blog

‘Considers liability and damages where the appellant solicitor negligently failed to advise a client of a potential claim against a third party. Held: allowing the appeal, loss of chance damages have been developed by the courts to deal with the difficulties arising from the assessment of counter-factual and future events. In both types of situation, the courts at times depart from the ordinary burden on a claimant to prove the facts required for a successful claim on the balance of probabilities. However, this does not mean that the basic requirement that a negligence claim requires proof that loss has been caused by the breach of duty is abandoned. Applying this approach, the respondent needed to prove that, properly advised, he would have made a claim within time. Further, the judge was correct to impose the additional requirement of the claim having to be an honest claim.’

Full Story

UKSC Blog, 13th February 2019

Source: ukscblog.com

Raleys ruling “good news for law firms and their insurers” – Legal Futures

‘Yesterday’s Supreme Court ruling on solicitors’ professional negligence is good news for both law firms and their insurers, and should stem the flow of claims about the under-settlement of personal injury claims, experts have said.’

Full Story

Legal Futures, 14th February 2019

Source: www.legalfutures.co.uk

Council did not do enough to protect young child from harm, Ombudsman finds – Local Government Lawyer

‘A young child was left with life-long injuries after a council missed opportunities to protect him from his mother’s violent partner, a Local Government and Social Care Ombudsman investigation has found.’

Full Story

Local Government Lawyer, 8th February 2019

Source: www.localgovernmentlawyer.co.uk

Supervising solicitor “told paralegal to lie” to barrister – Legal Futures

Posted February 8th, 2019 in disciplinary procedures, news, paralegals, personal injuries, solicitors by sally

‘An experienced personal injury paralegal who lied to a barrister and legal expenses insurer “on instruction from her supervising solicitor” has been banned from working for law firms.’

Full Story

Legal Futures, 8th February 2019

Source: www.legalfutures.co.uk

High Court allows more time for steelworker claims – Litigation Futures

‘The High Court has given the personal representatives of deceased steelworkers more time to register their compensation claims under a group litigation order (GLO).’

Full Story

Litigation Futures, 7th February 2019

Source: www.litigationfutures.com

Court allows ‘indulgence’ of adding group claims after deadline – Law Society’s Gazette

Posted February 6th, 2019 in class actions, industrial injuries, news, personal injuries, time limits by tracey

‘The High Court has allowed what it called the “indulgence” of allowing an extra 20 industrial disease cases into a group litigation order – two months after the already-extended deadline for registration had passed.’

Full Story

Law Society's Gazette, 5th February 2019

Source: www.lawgazette.co.uk

Aches on a Plane: Claimant unsuccessful after uncomfortable flight – Zenith PI

Posted February 5th, 2019 in accidents, aircraft, airlines, interpretation, news, personal injuries by tracey

‘In Prosser v British Airways Plc [2018] the Claimant was unsuccessful in his claim for damages arising from an injury suffered as a result of sitting next to a passenger of large stature on the Defendant’s aircraft.’

Full Story

Zenith PI, 4th February 2019

Source: zenithpi.wordpress.com

Judge “wrong” not to make unless order over unpaid costs – Litigation Futures

Posted February 5th, 2019 in assault, costs, human rights, judges, mental health, news, personal injuries by tracey

‘A circuit judge was wrong not to make an unless order against a claimant who failed to pay the costs of a preliminary hearing, the High Court has ruled.’

Full Story

Litigation Futures, 5th January 2019

Source: www.litigationfutures.com

Challenging Interim Threshold – Family Law Week

‘Anna McKenna QC, 1 King’s Bench Walk, Emily Boardman, partner, Boardman, Hawkins & Osborne LLP and Anna Sutcliffe, barrister, 1 King’s Bench Walk consider the circumstances when it may be appropriate to challenge interim threshold findings in an alleged NAI case without waiting for evidence from a single joint expert.’

Full Story

Family Law Week, 30th January 2019

Source: www.familylawweek.co.uk

Ep. 62: Court claims from the empire’s long shadow – Law Pod UK

‘Last year the High Court ruled out claims against the British Government brought by people caught up in the Mau Mau emergency in Kenya in the 1950s. The allegations of brutality against guards employed by the Colonial Office were time-barred by the half-century that has elapsed since the events took place. Guy Mansfield QC represented the Foreign Office in this litigation and discusses the importance of the Limitation Act with Rosalind English.’

Full Story

Law Pod UK, 21st January 2019

Source: audioboom.com

Court relaxes costs rule for PI claim heading towards multi-track – Law Society’s Gazette

Posted January 15th, 2019 in costs, damages, news, personal injuries by tracey

‘A PI claimant who had applied for re-allocation from the fast track to the multi-track – only for the defendant to settle before it reached that stage – will be allowed to recover assessed rather than fixed costs, a court has ruled.’

Full Story

Law Society's Gazette, 14th January 2018

Source: www.lawgazette.co.uk

Fatal accident damages considered: Blake -v- Mad Max Limited – Zenith PI

Full Story

Zenith PI, 10th January 2018

Source: zenithpi.wordpress.com

High Court slashes success fee citing proportion of fees at risk – Litigation Futures

Posted January 8th, 2019 in accidents, fees, news, personal injuries, road traffic, solicitors by sally

‘A district judge failed to consider the risks that a claimant solicitor should have taken into account when entering into a conditional fee agreement (CFA) and so was wrong to award a 65% success fee, the High Court has ruled.’

Full Story

Litigation Futures, 7th January 2019

Source: www.litigationfutures.com

Trio of justice bills become law – Ministry of Justice

Posted December 20th, 2018 in bills, compensation, courts, judiciary, personal injuries, press releases, prisons by tracey

‘Justice Secretary David Gauke today spoke of his pride in a department “delivering real change”, after 3 important justice bills all became law on the same day (20 December 2018).’

Full press release

Ministry of Justice, 20th December 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

A Practical Approach to Breach of Duty and Causation in Venous Thromboembolism Claims by Neil Thompson – No. 5 Chambers

Posted December 14th, 2018 in causation, doctors, medical treatment, negligence, news, personal injuries by sally

‘From our perspective, the first step should be to understand how competent medical professionals protect the patient against the risk of VTE. One starting point is to understand the control of VTE risk in patients admitted to hospital, although of course other primary care providers (GPs) have a corresponding duty to be alert to the risk of VTE within their practice.’

Full Story

No. 5 Chambers, 3rd December 2018

Source: www.no5.com

Counterclaim Costs Conundrums – the application of QOCS to Defendants counterclaiming in personal injury – No. 5 Chambers

Posted December 12th, 2018 in civil procedure rules, costs, enforcement, news, personal injuries by sally

‘In County Courts around the country over the past year, it has become ‘fashionable’ to argue over the meaning of the word “proceedings” in CPR r.44.13. The essential question is whether a Defendant, by virtue of bringing a counterclaim including personal injury, is afforded QOCS protection against the Claimant such that any orders for costs made against him cannot be enforced. There are currently two contradictory cases on this point.’

Full Story

No. 5 Chambers, 19th November 2018

Source: www.no5.com

MoJ calls for evidence on new personal injury discount rate – Litigation Futures

‘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.’

Full Story

Litigation Futures, 10th December 2018

Source: www.litigationfutures.com

Ep. 56: Psychiatric harm and childbirth – Law Pod UK

Posted December 6th, 2018 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘Emma-Louise Fenelon talks with 1 Crown Office Row’s Suzanne Lambert about a recent High Court decision – YAH v Medway NHS Foundation Trust which addressed the issue of claims brought as a result of psychiatric harm arising out of childbirth.’

Full Story

Law Pod UK, 3rd December 2018

Source: audioboom.com