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

Eight sentenced over bus ‘crash for cash’ fraud – Law Society’s Gazette

Posted October 13th, 2017 in fraud, insurance, news, personal injuries, road traffic, sentencing by tracey

‘The biggest number of claimants ever tried together in an insurance fraud case have been handed sentences ranging from community service to custody.’

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Law Society's Gazette, 13th October 2017

Source: www.lawgazette.co.uk

Government calls for holiday sickness fraud evidence as it treats ABTA figures with caution – Legal Futures

Posted October 13th, 2017 in costs, fraud, holidays, insurance, news, personal injuries by tracey

‘The Ministry of Justice has today issued a call for evidence that it said would give ministers “a greater insight into the reported rise” in fraudulent holiday sickness claims, but displayed caution in the use of the oft-cited figure of a 500% increase in cases.’

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Legal Futures, 13th October 2017

Source: www.legalfutures.co.uk

Ministry of Justice “set to repeat mistakes of LASPO”, warns MASS chairman – Litigation Futures

Posted October 12th, 2017 in consultations, insurance, Ministry of Justice, news, personal injuries by sally

‘ASPO has not brought down insurance premiums, stopped referral fees or seen accident victims benefit from the promised 10% uplift in damages, and the Ministry of Justice is set to repeat its mistakes in the Civil Liability Bill, the chairman of the Motor Accident Solicitors Society (MASS) claimed yesterday.’

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Litigation Futures, 12th October 2017

Source: www.litigationfutures.com

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

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Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.com

Judge criticises ‘deeply disturbing’ practices at defunct Asons – Law Society’s Gazette

Posted October 4th, 2017 in costs, insurance, law firms, news, personal injuries by sally

‘The now-defunct Asons Solicitors has been ordered to meet the costs of insurance company LV=, after a court found that the law firm made ‘gross’ and ‘deeply disturbing’ failures in a personal injury case it was handling.’

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Law Society's Gazette, 3rd October 2017

Source: www.lawgazette.co.uk

The 14th Edition of the Judicial College Guidelines: A Brief Commentary – Zenith PI Blog

Posted September 25th, 2017 in damages, news, personal injuries by sally

‘On 17 September 2017 the new, 14th, Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published: replacing the previous 13th Edition, published in September 2015.’

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Zenith PI Blog, 22nd September 2017

Source: zenithpi.wordpress.com

Surge in work for the county courts includes rise in personal injury claims – Litigation Futures

Posted September 21st, 2017 in county courts, news, personal injuries, reports, statistics by sally

‘There was a big increase in all kinds of work at the county courts in the first quarter of this year, according to new figures from the Ministry of Justice (MoJ).’

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Litigation Futures, 21st September 2017

Source: www.litigationfutures.com

Is a mother giving birth a primary or secondary victim in a claim for negligent treatment? – Family Law

Posted September 20th, 2017 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) involved a claim relating to negligent treatment during a child’s birth that resulted in the child suffering cerebral palsy (CP). The case also involved psychological injury claims for mother and grandmother (the father’s claim was discontinued).’

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Family Law, 19th September 2017

Source: www.familylaw.co.uk

Holiday fall gran accused of being ‘too tipsy’ for payout wins £30,000 compensation – Daily Telegraph

Posted September 20th, 2017 in alcohol abuse, compensation, holidays, news, personal injuries by sally

‘A grandmother accused of being “staggering drunk” and wearing “silly shoes” when she fell over while holidaying on a Greek island has won over £30,000 compensation.’

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Daily Telegraph, 19th September 2017

Source: www.telegraph.co.uk

“All to play for” on Civil Liability Bill, personal injury leaders say – Legal Futures

Posted September 20th, 2017 in bills, damages, news, personal injuries, small claims by sally

‘Leading personal injury lawyers told yesterday’s PI Futures conference that there is “all to play for” on the Civil Liability Bill as a “nervous” governments seeks to avoid a damaging parliamentary defeat.’

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Legal Futures, 20th September 2017

Source: www.legalfutures.co.uk

MPs given early chance to scrutinise discount rate reform legislation – Litigation Futures

‘The justice select committee has accepted an invitation by the Ministry of Justice (MoJ) to undertake pre-legislative scrutiny of the draft legislation to reform the discount rate.’

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Litigation Futures, 18th September 2017

Source: www.litigationfutures.com

Fatal accident damages: a recent case: life expectancy; damages for loss of services & loss of care & attention – Zenith PI

Posted September 11th, 2017 in accidents, compensation, damages, expert witnesses, health, judges, news, personal injuries, widows by tracey

‘In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.’

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Zenith PI, 10th September 2017

Source: zenithpi.wordpress.com

Uncertainty of prognosis is no excuse for late acceptance of Part 36 offer – Zenith PI

Posted September 8th, 2017 in delay, news, part 36 offers, personal injuries by tracey

‘Briggs v CEF Holdings Ltd (2017) CA (unreported). It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce its impact.’

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Zenith PI, 8th September 2017

Source: zenithpi.wordpress.com

A good day for defendants – lawyers react to discount rate reform and NAO report – Litigation Futures

Posted September 8th, 2017 in compensation, costs, insurance, negligence, news, personal injuries by tracey

‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’

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Litigation Futures, 8th September 2017

Source: www.litigationfutures.com

Fail to engage in adr at your peril – Zenith PI

Posted September 7th, 2017 in arbitration, news, part 36 offers, personal injuries by tracey

‘Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims.’

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Zenith PI, 5th September 2017

Source: zenithpi.wordpress.com

MoJ reveals potential new discount rate after announcing reform – Law Society’s Gazette

Posted September 7th, 2017 in compensation, consultations, news, personal injuries by tracey

‘The lord chancellor has set out long-awaited proposals for calculating the “discount rate” applied to personal injury settlements. Under proposed legislation, the rate will be set by reference to rates of return on “low risk” rather than “very low risk” investments as at present. The rate will also be reviewed at least every three years.’

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Law Society's Gazette, 7th September 2017

Source: www.lawgazette.co.uk

“People die of food poisoning” – misleading holiday claims advert pulled after watchdog ruling – Legal Futures

Posted September 6th, 2017 in advertising, claims management, complaints, holidays, news, personal injuries by sally

‘A claims management company (CMC) has withdrawn a YouTube advert designed to generate holiday sickness claims after the Advertising Standards Authority (ASA) ruled that it was misleading.’

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Legal Futures, 6th September 2017

Source: www.legalfutures.co.uk

Jackson’s scorn for ‘artificial claims stirred up by advertisements’ – Law Society’s Gazette

Posted September 5th, 2017 in advertising, civil justice, judges, law firms, miners, news, personal injuries by sally

‘Lord Justice Jackson has expressed his contempt for a firm that recruited a claimant and ‘turned his head’ to bring negligence proceedings. In the Court of Appeal Jackson said it was ‘regrettable’ that north west firm Mellor Hargreaves had persuaded a former miner to bring an action against his previous solicitors to ‘top up’ a damages award.’

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Law Society's Gazette, 5th September 2017

Source: www.lawgazette.co.uk

Potholes Galore! – Zenith PI

‘Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports. If it does indeed state a matter of principle, it may be thought a singular advance on previous authorities.’

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Zenith PI, 26th July 2017

Source: zenithpi.wordpress.com