Exclusive: Jackson “moving away” from £250,000 upper limit for fixed-cost cases – Litigation Futures

Posted May 23rd, 2017 in costs, negligence, news, personal injuries, reports by tracey

‘A widespread consensus has emerged that Lord Justice Jackson is backing away from extending fixed recoverable costs to cases worth up to £250,000, Litigation Futures can report – although what level he is now looking at is unknown.’

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Litigation Futures, 23rd may 2017

Source: www.litigationfutures.com

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35th Blackstone Lecture by Lady Justice Hallett: Trial by Jury – Past and Present – Courts and Tribunals Judiciary

‘It is a pleasure to have been asked to give this year’s Blackstone lecture. Lord Devlin at the outset of his Hamlyn Lectures in 1956 observed: that trial by jury was a subject on which it was not possible to ‘say anything very novel or very profound’. If not a subject suitable for original comment, why did I choose it?’

Full speech

Courts and Tribunals Judiciary, 22nd May 2017

Source: www.judiciary.gov.uk

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Baby deaths linked to lack of basic midwife training – Daily Telegraph

Posted May 22nd, 2017 in birth, children, education, midwives, negligence, news, personal injuries by tracey

‘Babies are dying and being put at risk of major brain injury because it is “commonplace” for British midwives to qualify without training in use of basic equipment, a senior coroner has warned.’

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Daily Telegraph, 20th May 2017

Source: www.telegraph.co.uk

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Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by tracey

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

Full story

Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com

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Stage 1 Costs Do Not Need To Be Repaid – JC and A Solicitors v Iqbal (1) EUI (2) [2017] EWCA Civ 355 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘This case concerned the issue of whether or not claimants (or their solicitors) should be obliged to repay Stage 1 costs of £400 + VAT (under the “old” Portal rules) in claims which did not then proceed to Stage 2.’

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Zenith PI Blog, 16th May 2017

Source: www.zenithpi.wordpress.com

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Claimant delight as court rejects repayment of £400 fixed costs – Law Society’s Gazette

Posted May 18th, 2017 in appeals, costs, insurance, news, personal injuries, repayment by tracey

‘The Court of Appeal has ruled that solicitors should be able to claim protocol costs for claims which did not go beyond the first stage.’

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Law Society’s Gazette, 16th May 2017

Source: www.lawgazette.co.uk

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Court of Appeal backs claimant solicitors in “£400 club” case – Litigation Futures

‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’

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Litigation Futures, 16th May 2017

Source: www.litigationfutures.com

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Court of Appeal determines approach for deciding loss where litigation solicitors miss second claim – OUT-LAW.com

‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’

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OUT-LAW.com, 16th May 2017

Source: www.out-law.com

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What’s in a name? Appeal judges reject pleas of claimant who sued wrong firm – Legal Futures

‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’

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Legal Futures, 16th May 2017

Source: www.legalfutures.co.uk

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A new understanding of ‘professionalism’ – Legal Voice

‘Many lawyers are in denial about the toll traumatic cases can take on them and their work. Time to drop the stiff upper lip, says Lee Moore.’

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Legal Voice, 11th May 2017

Source: www.legalvoice.org.uk

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Fixed-cost plans for clinical negligence “will prevent many cases being brought”, CJC warns – Litigation Futures

‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’

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Litigation Futures, 11th May 2017

Source: www.litigationfutures.com

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The addition of parties after limitation has expired – Zenith PI

Posted May 9th, 2017 in appeals, law firms, limitations, negligence, news, personal injuries by tracey

‘Godfrey Morgan Solicitors (A Firm) v Michael Arms [2017] EWCA Civ 323. The Appellant firm of solicitors appealed against the decision of a first instance appeal which determined that it had been properly added as a Defendant to a claim for professional negligence despite the prior expiry of the relevant limitation period.’

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Zenith PI, 8th May 2017

Source: www.zenithpi.wordpress.com

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Duties of care owed by hospital receptionists: Darnley v Croydon Health Services NHS Trust [2017] EWCA Civ 151 – Zenith PI

Posted May 9th, 2017 in appeals, duty of care, hospitals, local government, news, personal injuries by tracey

‘Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s basic details. The patient would then be assessed within 30 minutes by a triage nurse, who would decide on the best course of action. Urgent cases would be prioritised.’

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Zenith PI, 9th May 2017

Source: www.zenithpi.wordpress.com

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High Court upholds decision to disapply QOCS in ‘mixed’ claim – Litigation Futures

Posted May 9th, 2017 in civil procedure rules, costs, news, personal injuries by tracey

‘The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to “mixed” claims, and in what is said to be the first case of its type, where the personal injury (PI) element was found to be a relatively minor part of the wider claim.’

Full story

Litigation Futures, 9th May 2017

Source: www.litigationfutures.com

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APIL pushes for “predictable claim process” for fixed cost clinical negligence cases – Litigation Futures

Posted May 3rd, 2017 in costs, government departments, negligence, news, personal injuries by tracey

‘The Association of Personal Injury Lawyers (APIL) has called for a “predictable claim process” for clinical negligence actions if the government goes ahead with its plan to impose fixed costs for cases worth up to £25,000.’

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Litigation futures, 2nd May 2017

Source: www.litigationfutures.com

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Prisons and Courts Bill scrapped – Law Society’s Gazette

Posted April 21st, 2017 in bills, news, parliament, personal injuries, prisons by tracey

‘Legislation that would radically change the personal injury market and overhaul the courts has been dropped in the runup to the general election.’

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Law Society’s Gazette, 20th April 2017

Source: www.lawgazette.co.uk

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Compensation following fatal stabbing: Human rights and the CICA: “Double Recovery” not allowed – Zenith PI Blog

‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’

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Zenith PI Blog, 19th April 2017

Source: www.zenithpi.wordpress.com

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School compensation payouts include blindfold mishap and whiteboard accident – BBC News

Posted April 7th, 2017 in accidents, child abuse, compensation, news, personal injuries, school children by tracey

‘Pupil mishaps including a blindfolded child running into a goalpost and pupil hit by a cricket ball have cost schools £7m in three years, it has emerged. Figures obtained by the BBC reveal an apparent doubling in school payouts from £1.65m in 2014 to £3.45m in 2016.’

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BBC News, 7th April 2017

Source: www.bbc.co.uk

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Shaken Baby Syndrome – Six Pump Court

‘This note is intended to set out how medical opinion in relation to and the Court’s approach to “shaken baby syndrome” have developed.’

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Six Pump Court, 22nd March 2017

Source: www.6pumpcourt.co.uk

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Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age? – Cloisters

Posted April 6th, 2017 in compensation, consultations, news, personal injuries, small claims by sally

‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’

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Cloisters, 30th March 2017

Source: www.cloisters.com

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