SCCO refuses latest bid for solicitor’s file as appeal looms – Litigation Futures

Posted June 19th, 2018 in appeals, costs, documents, law firms, news, personal injuries, solicitors by sally

‘The Senior Courts Costs Office (SCCO) has again rejected a bid by a personal injury client for access to their former law firm’s file.’

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Litigation Futures, 18th June 2018

Source: www.litigationfutures.com

Let battle commence: Labour, Lib Dems and top judges bid to reduce impact of whiplash reforms – Legal Futures

Posted June 12th, 2018 in bills, news, parliament, personal injuries by sally

‘Opposition peers and leading legal figures will today try and curb the government’s whiplash reforms as the Civil Liability Bill enters its crucial report stage.’

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Legal Futures, 12th June 2018

Source: www.legalfutures.co.uk

A guide to the Civil Liability Bill – Legal Futures

Posted June 7th, 2018 in bills, damages, news, personal injuries, road traffic by sally

‘Compensation claims, particularly for minor injuries as a result of road traffic accidents, are the centre of ongoing tension between the insurance industry and those who represent claimants. ‘

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Legal Futures, 6th June 2018

Source: www.legalfutures.co.uk

I was re-reading the Ikarian Reefer only last week – Practical Law: Construction Blog

Posted June 6th, 2018 in expert witnesses, news, personal injuries, ships by tracey

‘Sometimes the old cases are the best ones and that surely has to be true of the Ikarian Reefer. Even now, over 25 years since the judgment at first instance was handed down (and countless other pieces of guidance have been published) we still see experts getting it wrong.’

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Practical Law: Construction Blog, 5th June 2015

Source: constructionblog.practicallaw.com

Jail for man who “grossly exaggerated” impact of negligent treatment in NHS first – Litigation Futures

Posted June 4th, 2018 in damages, medical treatment, negligence, news, personal injuries, sentencing by sally

‘A man who “grossly exaggerated” the effects of negligent hospital treatment – claiming £837,000 when he had been offered £30,000 – was last week sentenced to three months in jail in the first contempt of court case brought by an NHS foundation trust.’

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Litigation Futures, 4th June 2018

Source: www.litigationfutures.com

The Importance of Risk Assessments – Zenith PI Blog

Posted May 30th, 2018 in appeals, negligence, news, personal injuries by sally

‘In CC v Leeds City Council [2018] EWHC 1312 (QB) Mr Justice Turner reiterates the importance of the risk assessment in personal injury litigation. On appeal the judge rejected an argument that a claimant had failed to prove causation. The defendant’s argument that the claimant had not established negligence were withdrawn in the course of the appeal.’

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Zenith PI Blog, 28th May 2018

Source: zenithpi.wordpress.com

Bar Council backs Justice Committee concerns over increasing small claims limit – The Bar Council

Posted May 18th, 2018 in personal injuries, press releases, select committees, small claims by tracey

‘Yesterday’s report from the Justice Select Committee highlighted concerns over plans to increase the small claims limit to £5,000 which, according to the Bar Council, could undermine access to justice for those injured in accidents.’

Full press release

The Bar Council, 18th May 2018

Source: www.barcouncil.org.uk

Government gives no quarter in defence of whiplash reforms despite pressure from peers – Legal Futures

Posted May 14th, 2018 in accidents, bills, news, personal injuries, road traffic by sally

‘The government stood firm on its proposed whiplash reforms yesterday despite criticism from peers, on the first day of the Civil Liability Bill’s committee stage in the House of Lords.’

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Legal Futures, 11th May 2018

Source: www.legalfutures.co.uk

Civil Liability Bill: Whiplash damages and definition revealed – Law Society’s Gazette

Posted May 9th, 2018 in bills, damages, news, personal injuries, road traffic, select committees by tracey

‘Legislators have outlined the tariffs that are likely to apply to whiplash injuries if a bill for fixed figures is passed. In a draft order of the Civil Liability Bill laid before parliament today, the total damages for pain, suffering and loss of amenity payable for injuries lasting less than three months is restricted to £225. That figure rises to £450 for injuries up to six months, and to £765 where the injuries last nine months.’

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Law Society's Gazette, 8th May 2018

Source: www.lawgazette.co.uk

Claimant held in contempt of court for grossly exaggerating negligence claim – UK Human Rights Law Blog

Posted May 4th, 2018 in contempt of court, hospitals, negligence, news, personal injuries by tracey

‘Calderdale Huddersfield NHS Foundation Trust v Sandip Singh Atwal [2018] EWHC 961 (QB). In a landmark case an NHS trust has successfully brought contempt proceedings against a DJ who grossly exaggerated the effect of his injuries in an attempt to claim over £800,000 in damages for clinical negligence. He faces a potential jail sentence.’

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UK Human Rights Law Blog, 3rd May 2018

Source: ukhumanrightsblog.com

Fixed costs only where pre-action protocol not followed – Zenith PI

‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’

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Zenith PI, 1st May 2018

Source: zenithpi.wordpress.com

Reduced hourly rates for incurred costs and damages far lower than claimed “not good reasons” to depart from budget – Litigation Futures

Posted May 1st, 2018 in armed forces, budgets, costs, damages, news, personal injuries by tracey

‘Master Rowley has become the latest judge to rule that a reduction in hourly rates for incurred costs is not a good reason to do the same to budgeted costs.’

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Litigation Futures, 1st May 2018

Source: www.litigationfutures.com

The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien – Zenith PI

Posted April 30th, 2018 in accidents, costs, news, personal injuries, road traffic, solicitors by tracey

‘On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit.’

Full Story

Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

Can you run in school? – The duty of care owed to school children after Pook v Rossall – Zenith PI

Posted April 27th, 2018 in duty of care, news, personal injuries, school children, teachers by tracey

‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’

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Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

Fundamental Dishonesty or Fundamental Miscommunication? – Zenith PI

Posted April 27th, 2018 in carers, compensation, news, personal injuries by tracey

‘In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015.

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Zenith PI, 27th April 2018

Source: zenithpi.wordpress.com

Insurer must compensate solicitor whose clients it induced to settle – OUT-LAW.com

Posted April 23rd, 2018 in compensation, costs, fees, insurance, news, personal injuries, solicitors by tracey

‘An insurer which offered to settle directly with personal injury claimants who had filed notices of their claims on the Road Traffic Accidents Portal (RTA Portal) must compensate the claimants’ solicitors, who would otherwise have been entitled to costs by virtue of a conditional fee agreement (CFA).’

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OUT-LAW.com, 20th April 2018

Source: www.out-law.com

Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures

‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’

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Litigation Futures, 23rd April 2018

Source: www.litigationfutures.com

Justice minister uncompromising on whiplash reforms and says more fixed costs are on the way – Legal Futures

Posted April 18th, 2018 in costs, news, personal injuries, road traffic by sally

‘Justice minister Lord Keen today set the stage for next week’s House of Lords debate on the Civil Liability Bill with an uncompromising message that there are “too many unmeritorious whiplash claims made each year which proceed without challenge or investigation”.’

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Legal Futures, 17th April 2018

Source: www.legalfutures.co.uk

High Court: claimant who gave “misleading impression” not fundamentally dishonest – Litigation Futures

Posted April 18th, 2018 in evidence, news, personal injuries by sally

‘A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th April 2018

Source: www.litigationfutures.com

‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette

Posted April 17th, 2018 in appeals, compensation, costs, news, personal injuries by tracey

‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’

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Law Society's Gazette, 17th April 2018

Source: www.lawgazette.co.uk