Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

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Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Still no rules but full steam to April for whiplash reforms, says MoJ – Legal Futures

‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk

Claimant lawyers urge Lord Chief to step in on whiplash reforms – Legal Futures

‘Claimant personal injury lawyers have turned to the Lord Chief Justice to support an urgent review of the government’s proposed tariff of damages for next April’s whiplash reforms.’

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Legal Futures, 18th November 2020

Source: www.legalfutures.co.uk

Lessons for property lawyers from ‘holiday illness’ claim : Is the Court obliged to accept ‘unopposed’ expert evidence? – Hardwicke Chambers

Posted November 17th, 2020 in evidence, expert witnesses, news, personal injuries by sally

‘The High Court appeal in Griffiths v TUI [2020] EWHC 2268 handed down in August 2020 has been much remarked on by personal injury lawyers, but the decision is also of interest for cases in the business and property courts, as it places a significant restriction on the role of the Court in cases of “unopposed” expert evidence.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Three for the Price of One: A Case Note on Diriye v Bojaj – Ropewalk Chambers

Posted November 10th, 2020 in delay, news, personal injuries, postal service, sanctions, service by sally

‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’

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Ropewalk Chambers, 5th November 2020

Source: www.ropewalk.co.uk

Belsner v Cam Legal Services: An important clarification – What information a solicitor should provide to a client concerning likely costs that may be recovered from the opponent – Hardwicke Chambers

Posted November 10th, 2020 in consent, costs, fees, news, personal injuries, small claims, solicitors by sally

‘The High Court has handed down judgment in Belsner v Cam Legal Services which provides important clarification in respect of what information a solicitor should provide to a client in relation to the likely costs that might be recovered from the opponent.’

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Hardwicke Chambers, 16th October 2020

Source: hardwicke.co.uk

Claim for special accommodation – Law Society’s Gazette

Posted November 10th, 2020 in accidents, damages, disabled persons, housing, news, personal injuries, road traffic by sally

‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’

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Law Society's Gazette, 9th November 2020

Source: www.lawgazette.co.uk

Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures

‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’

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Litigation Futures, 6th November 2020

Source: www.litigationfutures.com

Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk

‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’

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12 King's Bench Walk, 9th October 2020

Source: www.12kbw.co.uk

A higher test of necessity for arrest? – UK Police Law Blog

‘In Rashid v Chief Constable of West Yorkshire [2020] EWHC 2522 (QB) the High Court (Lavender J) has allowed an appeal against a Recorder’s decision to dismiss a general practitioner’s claim for wrongful arrest, on the basis that the officers involved lacked reasonable grounds for believing the arrest was necessary. It follows recent cases in articulating a higher bar for the police to show reasonable grounds for necessity to arrest than perhaps had been thought to apply. It also raises interesting arguments about whether any other defences, such as the “Lumba/Parker” issue or ex turpi causa (the defence of illegality) might be available where an arrest has been unlawful.’

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UK Police Law Blog, 27th October 2020

Source: ukpolicelawblog.com

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

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Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Taking a Cut? Reflections on Belsner v Cam Legal Services Ltd – 4 New Square

Posted October 27th, 2020 in costs, damages, news, personal injuries, solicitors by sally

‘The latest case on solicitors deducting costs from damages in fixed costs cases is causing a stir, but Rob Marven QC and Ben Williams QC of 4 New Square argue that it is a decision on unusual facts, and that some key issues went unexplored.’

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4 New Square, 22nd October 2020

Source: www.4newsquare.com

Part 1: Expert evidence – Additional expert evidence following a Joint Report. – Parklane Plowden Chambers

Posted October 27th, 2020 in evidence, expert witnesses, news, noise, personal injuries by sally

‘The recent case of Hinson v Hare [2020] EWHC 2386 QB provides further clarification on the circumstances in which a court may allow one party permission to rely on a further expert report, when the conclusions reached by the single joint expert are not to their liking. Whilst the specific claim was for noise induced hearing loss (NIHL) the principles expounded can be applied generally.’

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Parklane Plowden Chambers, 2nd October 2020

Source: www.parklaneplowden.co.uk

Grenfell personal injury claims – factual horror, legal interest and less obvious wellbeing implications – Doughty Street Chambers

‘The actions brought by survivors of the Grenfell disaster came to the High Court for the first time on Friday 2 October with judgment handed down on 14 October: De Costa & Ors v London Fire Commissioner & Ors [2020] EWHC 2718 (QB).’

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Doughty Street Chambers, 15th October 2020

Source: insights.doughtystreet.co.uk

Court orders costs repayment after client did not consent to deduction – Law Society’s Gazette

‘Fee-recovery lawyers say millions of clients could stand to benefit from a court judgment which reduced legal fees deducted from compensation.’

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Law Society's Gazette, 19th October 2020

Source: www.lawgazette.co.uk

Number of motor claims stays low over last three months – Litigation Futures

Posted October 21st, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The collapse in new motor injury claims seen during lockdown continued in the following three months, despite more cars returning to the road.’

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Litigation Futures, 20th October 2020

Source: www.litigationfutures.com