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

Stephen Lawrence killer gets legal aid for compensation claim – Daily Telegraph

Posted July 26th, 2017 in assault, compensation, legal aid, news, personal injuries, prisons by sally

‘One of the killers of Stephen Lawrence has been granted legal aid in a battle to get compensation from the Government after he was allegedly beaten up in prison.’

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Daily Telegraph, 25th July 2017

Source: www.telegraph.co.uk

Personal injury: Untraced drivers and rights – Law Society’s Gazette

Posted July 26th, 2017 in costs, limitations, Motor Insurers’ Bureau, news, personal injuries by sally

‘In Howe v Motor Insurers’ Bureau [2017] EWCA obligation 932, Mr Howe was driving a lorry in France on 30 March 2007 when a wheel detached from a lorry in front of him. The resulting accident left him paraplegic. Neither the other vehicle nor its driver was ever traced. He submitted a claim to the Motor Insurers’ Bureau and its French equivalent, but after a time he was told by the French that his claim was out of time. Consequently, he issued proceedings against the British MIB directly, seeking to enforce his rights under regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (the regulations). That claim was struck out because it was out of time. The MIB now sought to recover its costs of defending the proceedings.’

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Law Society's Gazette, 24th July 2017

Source: www.lawgazette.co.uk

Court of Appeal overturns ruling in favour of claimant that accepted part 36 offer late – Litigation Futures

‘Uncertainty regarding a claimant’s prognosis is part of the usual risk of personal injury litigation and not enough to justify disapplying the usual consequences of accepting a part 36 offer out of time, the Court of Appeal has ruled.’

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Litigation Futures, 26th July 2017

Source: www.litigationfutures.com

Rule committee decides against revisiting budgeting limit for PI cases despite discount rate impact – Litigation Futures

Posted July 18th, 2017 in budgets, civil procedure rules, costs, news, personal injuries by tracey

‘The Civil Procedure Rule Committee has decided against changing the financial threshold for costs budgeting in high-value personal injury cases, despite the prospect of the new discount rate taking a significant number of claims out of the regime.’

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Litigation Futures, 17th July 2017

Source: www.litigationfutures.com

News focus: Wish you weren’t here – Law Society’s Gazette

Posted July 17th, 2017 in costs, fees, fraud, holidays, insurance, news, personal injuries by tracey

‘Personal injury (PI) lawyers may have experienced a powerful sense of deja vu last week when the government announced a review of fees in holiday sickness claims. The same apocalyptic warnings of rampant fraud; the same incessant lobbying from a trade body. And ultimately the same solution – fixed costs – provided by ministers who would rather the whole thing just went away.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Thomas Cook wins fake holiday sickness case – BBC News

Posted July 12th, 2017 in damages, food hygiene, fraud, holidays, news, personal injuries by sally

‘Travel company Thomas Cook says it has won a legal victory against a fake holiday sickness claim and plans to challenge other such claims in court.’

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BBC News, 11th July 2017

Source: www.bbc.co.uk

Summary Judgment – You Can’t Just Hope for the Best; Dodd v Raebarn Estates Ltd and Others [2017] EWCA CIV 439 – Zenith PI Blog

Posted July 11th, 2017 in appeals, news, personal injuries, summary judgments by sally

‘In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications.’

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Zenith PI Blog, 10th July 2017

Source: zenithpi.wordpress.com

Major boost for claimants with Court of Appeal QOCS ruling – Litigation Futures

‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’

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Litigation Futures, 10th July 2017

Source: www.litigationfutures.com

Claimant entitled to shifted costs against compensatory body – Law Society’s Gazette

Posted July 7th, 2017 in compensation, costs, insurance, news, personal injuries, road traffic by tracey

‘A claimant severely injured in a crash with an unknown motorist is entitled to costs protection against a compensatory body, the Court of Appeal has ruled.’

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Law Society's Gazette, 7th July 2017

Source: www.lawgazette.co.uk

Court of Appeal begins hearing CFA assignment case – Litigation Futures

Posted July 6th, 2017 in agreements, appeals, fees, law firms, news, personal injuries by sally

‘The profession should soon have an answer to the question of when a conditional fee agreement (CFA) can be assigned from one law firm to another as the Court of Appeal is hearing a test case today.’

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Litigation Futures, 5th July 2017

Source: www.litigationfutures.com

Janine Wolstenholme Reviews a Recent Case on Relief from Sanctions – Park Square Barristers

‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’

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Park Square Barristers, 27th June 2017

Source: www.parksquarebarristers.co.uk

Section 57 Application to High Value Cases: Stanton v Hunter – Park Square Barristers

Posted July 5th, 2017 in damages, fraud, negligence, news, personal injuries by sally

‘On 31st March 2017 Recorder Hatfield QC, sitting at Liverpool County Court, dismissed the claim in Stanton v Hunter pursuant to section 57 of the Criminal Courts and Justice Act 2015 (judgment available on Lawtel). The Defendant admitted primary liability but alleged contributory negligence in response to the claim for damages as a result of personal injuries arising from an accident which occurred whilst he was working on the Defendant’s property. Following a two-day trial, the Judge found although the Claimant had suffered a genuine injury, he had deliberately and dishonestly exaggerated the extent of his symptoms and in particular his ability to work and dismissed the entire claim.’

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Park Square Barristers, 19th June 2017

Source: www.parksquarebarristers.co.uk

Animals Act Appeal Case Law – Park Square Barristers

Posted July 5th, 2017 in appeals, damages, horses, news, personal injuries, statutory interpretation by sally

‘Langstaff J upheld on appeal a first instance decision dismissing a claimant’s claim for injury when he fell from a horse.’

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Park Square Barristers, 23rd June 2017

Source: www.parksquarebarristers.co.uk

European Court of Justice ruling could open floodgates for spurious vaccination claims – Daily Telegraph

‘The European Court of Justice has been accused of undermining Britain’s vaccination programme after ruling that patients can sue for illnesses they believe were caused by jabs, even when there is no scientific evidence.’

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Daily Telegraph, 22nd June 2017

Source: www.telegraph.co.uk

Council agrees £13m payout to family of boy injured at swimming pool – Local Government Lawyer

Posted June 22nd, 2017 in compensation, local government, negligence, news, personal injuries by tracey

‘Northampton Borough Council is to pay £13m to the family of a boy who was left with brain injuries after nearly drowning in a council swimming pool in 2002.’

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Local Government Lawyer, 21st June 2017

Source: localgovernmentlawyer.co.uk

Queen’s speech confirms whiplash reform and court modernisation – Law Society’s Gazette

Posted June 22nd, 2017 in bills, courts, electronic filing, news, parliament, personal injuries by tracey

‘Fresh reforms to personal injury claims are back on the agenda following today’s Queen’s speech. The government’s slimmed-down wishlist of legislation includes a Civil Liability Bill to address the ‘compensation culture’ around motor insurance claims.’

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Law Society's Gazette, 21st June 2017

Source: www.lawgazette.co.uk

Failure to pay correct court fee not an abuse of process – Litigation Futures

‘The Court of Appeal has refused to consider a circuit judge ruling which held that failure by a solicitor to correctly value a personal injury claim and pay the right court fee did not amount to an abuse of process.’

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Litigation Futures, 20th June 2017

Source: www.litigationfutures.com

UK holiday fraudsters could face jail – BBC News

Posted June 21st, 2017 in compensation, fraud, holidays, imprisonment, insurance, news, personal injuries by sally

‘UK holidaymakers who make bogus food poisoning claims could go to prison, warns travel trade organisation Abta.’

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BBC News, 21st June 2017

Source: www.bbc.co.uk

Rule committee should look at gap in QOCS exception, says High Court judge – Litigation Futures

Posted June 20th, 2017 in civil procedure rules, costs, news, personal injuries by sally

‘The Civil Procedure Rule Committee may need to address a hole in the exception from qualified one-way costs-shifting (QOCS) that meant defendants in a personal injury claim could not seek their costs because service of the claim had been set aside, rather than struck out, a High Court judge has ruled.’

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Litigation Futures, 19th June 2017

Source: www.litigationfutures.com