It’s official: fixed costs for clinical negligence set for October – Legal Futures

‘The government has finally confirmed that fixed recoverable costs (FRC) for low-value clinical negligence claims that settle pre-issue will come into force in October 2024, six months later than planned.’

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Legal Futures, 10th May 2024

Source: www.legalfutures.co.uk

The Supreme Court hands down definitive guidance on calculating damages in ‘mixed’ claims: Hassam & Anor v Rabot & Anor [2024] UKSC 11 – 7BR

‘On 31 May 2021, the Whiplash Injury Regulations 2021 (SI 2021/642) came into force, transforming the landscape for personal injury claimants with whiplash injuries in motor vehicle accidents. For claims accruing after that date, the regulations limited the recoverable damages for pain, suffering, and loss of amenity (‘PSLA’) to amounts set out in a tariff.’

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7BR, 5th April 2024

Source: www.7br.co.uk

Negligence in football: A claim of two halves – UK Human Rights Blog

Posted May 1st, 2024 in accidents, damages, negligence, news, personal injuries, podcasts, sport by sally

‘Football fans everywhere will be familiar with reckless tackles, whether from their own Sunday league experience or as followers of the professional game. But when will a tackle amount to negligence and be actionable in a civil court, such that an injured player can sue their opponent?’

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UK Human Rights Blog, 30th April 2024

Source: ukhumanrightsblog.com

Liability for Negligent or Reckless Tackles: Elbanna v Clark – 12KBW Personal Injury Law Blog

Posted April 30th, 2024 in chambers articles, negligence, news, personal injuries, sport by sally

‘In this article Megan Griffiths and Spencer Turner consider the recent High Court decision of Elbanna v Clark [2024] EWHC 627 (KB), in which a rugby tackle was found to have been negligent in the context of an amateur rugby match.’

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12KBW Personal Injury Law Blog, 18th April 2024

Source: pilawblog.com

Quantifying whiplash and non-whiplash injuries in RTA claims – Becket Chambers

‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’

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Becket Chambers, 5th April 2024

Source: becket-chambers.co.uk

Irwin Mitchell Trust Corporation v PW – Hailsham Chambers

‘The increasingly entrepreneurial activity of professional service providers has, as entrepreneurial activity usually does, its problems and risks. The losses of Novitas Loans Ltd., an intermediate consumer lender serving the legal market, remind anyone that the legal market is not risk-free.’

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Hailsham Chambers, 11th April2024

Source: www.hailshamchambers.com

In brief: High Court gives guidance on “substantial injustice” exception to rules on fundamental dishonesty in personal injury claims – Exchange Chambers

Posted April 30th, 2024 in chambers articles, damages, news, personal injuries by sally

‘The decision of Ritchie J in Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 gives, for the first time, judicial guidance on how the courts will apply the “substantial injustice” exception to the statutory rules on fundamental dishonesty. The case is also of interest for its clarification of when and how defendants should plead fundamental dishonesty.’

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Exchange Chambers, 12th April 2024

Source: www.exchangechambers.co.uk

Substantial injustice – where are we now? – 39 Essex Chambers

‘In Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), Ritchie J found that, despite the Claimant having sustained serious injuries, which would have warranted damages of almost £600,000, that she had been fundamentally dishonest. This resulted in the entirety of her claim being dismissed under s57 of the Criminal Justice & Courts Act 2015 (‘CJCA 2015’).’

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39 Essex Chambers, 16th April 2024

Source: www.39essex.com

Non-English speaking witnesses and wasted costs – 12 King’s Bench Walk Costs Litigation Blog

‘In this article Rebecca Henshaw-Keene looks at wasted costs orders following the judgment in Rainer Hughes Solicitors v Liverpool Victoria Insurance Company Ltd & Ors (Rev1) [2024] EWHC 585 (KB).The judgment contains significant guidance on preparing for wasted costs hearings and is an important addition to the line of cases on the requirements in respect of witness statements for non-English speakers. With thanks to Andrew Roy KC for his comments on the article.’

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12 King's Bench Walk Costs Litigation Blog, 19th April 2024

Source: costsandlitigationfunding.com

Clark v Adams: personal injury claim against Gerry Adams to proceed to trial – 12KBW Personal Injury Law Blog

‘Clark v Adams [2024] EWHC 62 (KB) is an unusual personal injury claim: three joined claims brought for injuries suffered as a result of bombings attributed to the Provisional Irish Republican Army (‘provisional IRA’) at the Old Bailey in March 1973, the London Docklands in February 1996 and the Arndale Centre in Manchester in June 1996. The claims were brought against the provisional IRA and against Gerry Adams, both in a representative capacity (as a representative of the provisional IRA) and in his personal capacity.’

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12KBW Personal Injury Law Blog, 23rd April 202

Source: pilawblog.com

Criminal injuries compensation and “Daisy’s Law” – 12 KBW Personal Injury Law Blog

‘Jessica Muurman, pupil barrister at 12KBW, analyses the recent judgment in R (Criminal Injuries Compensation Authority) v First-tier Tribunal v GHI [2024] UKUT 3 (ACC), which concerns the Criminal Injuries Compensation Scheme 2012 and its interaction with ‘Daisy’s Law’ in the Victims and Prisoners Bill.’

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12KBW Personal Injury Law Blog, 10th April 2024

Source: pilawblog.com

A Tangled Web – What we can learn from the case of Willams-Henry v Associated British Ports Holdings Limited -12 King’s Bench Walk

Posted April 24th, 2024 in chambers articles, damages, deceit, news, personal injuries by sally

‘The Judgment in the case of Kirsty Williams-Henry makes for very uncomfortable reading for everybody who deals with severe to catastrophic personal injury cases.’

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12 King's Bench Walk, 12th April 2024

Source: 12kbw.co.uk

“A racket” – judge hits out at hidden commissions in PI cases – Legal Futures

Posted April 18th, 2024 in costs, expert witnesses, fees, news, personal injuries, road traffic by sally

‘A circuit judge has attacked the “little micro-industry of unknown and unknowable commissions or referral or arrangement fees” in personal injury claims.’

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Legal Futures, 18th April 2024

Source: www.legalfutures.co.uk

Judges allow appeal over flawed reasoning in fact-finding judgment – Local Government Lawyer

‘The Court of Appeal have allowed a challenge by the parents of a young girl to a finding made in care proceedings that, when she was a small baby, she suffered an abusive head injury inflicted by one or other of the parents.’

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Local Government Lawyer, 16th April 2024

Source: www.localgovernmentlawyer.co.uk

Woman loses 600k in compensation after being branded ‘dishonest’ by judge – The Independent

Posted April 15th, 2024 in accidents, compensation, damages, deceit, news, personal injuries by tracey

‘A woman seeking damages after suffering multiple injuries due to a bad fall in Wales is about to lose out on almost £600,000 for being “thoroughly dishonest” in her process of asking for compensation.’

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The Independent, 13th April 2024

Source: www.independent.co.uk

Fixed costs JR dropped after government concessions – Law Society’s Gazette

Posted April 2nd, 2024 in costs, Ministry of Justice, news, personal injuries, solicitors by tracey

‘Personal injury lawyers have dropped legal action against the government after a series of concessions on when fixed recoverable costs (FRC) would apply.’

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Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk

Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim – Law Society’s Gazette

‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’

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Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk

Firm avoids wasted costs order despite ‘reprehensible’ mistakes – Law Society’s Gazette

Posted March 28th, 2024 in case management, delay, law firms, news, personal injuries, wasted costs orders by tracey

‘The High Court has rejected a client’s bid for a wasted costs order against his former solicitors – despite being heavily critical of repeated failings in running the case.’

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Law Society's Gazette, 27th March 2024

Source: www.lawgazette.co.uk

APIL drops fixed costs judicial review after government “concessions” – Legal Futures

‘The Association of Personal Injury Lawyers (APIL) has withdrawn its judicial review against the government challenging aspects of last October’s extension of fixed recoverable costs (FRCs).’

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Legal Futures, 27th March 2024

Source: www.legalfutures.co.uk

Defendant law firms “scaring off” legitimate employer’s liability claims – Legal Futures

Posted March 26th, 2024 in accidents, compensation, employment, law firms, news, personal injuries by tracey

‘At least £284m has been unclaimed from accidents at work in 2023, with workers increasingly reluctant to seek compensation from their employer, according to National Accident Helpline (NAH).’

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Legal Futures, 26th March 2024

Source: www.legalfutures.co.uk