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

Sri Lankan wins lawsuit against NHS as midwives fail to explain why she needed to feed her son due to language barrier – Daily Telegraph

Posted April 16th, 2018 in birth, hospitals, interpreters, news, personal injuries by tracey

‘A Sri Lankan refugee who could not speak English has won a legal battle against the NHS after her child was brain damaged after hospital staff did not explain the importance of feeding a newborn.’

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Daily Telegraph, 13th April 2018

Source: www.telegraph.co.uk

Personal Injury and the tort of deceit – Zenith Chambers

Posted April 13th, 2018 in damages, deceit, news, personal injuries, road traffic by sally

‘In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. ‘

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Zenith Chambers, 27th March 2018

Source: www.zenithchambers.co.uk

Supreme Court expedites key case on liability of social services authorities – Local Government Lawyer

‘The Supreme Court has expedited the hearing of a key case over the liability of social services authorities.’

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Local Government Lawyer, 5th April 2018

Source: www.localgovernmentlawyer.co.uk

Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog

‘The ROH has been found liable for failing to protect the hearing of its musicians and for causing acoustic shock to former viola player Chris Goldscheider. This is the first time a musical institution has been found responsible for damage to the hearing of musicians, and the first time that acoustic shock as been recognised as an injury sounding in damages.’

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UK Human Rights Blog, 2nd April 2018

Source: ukhumanrightsblog.com

UK government confirms changes to discount rate calculation method – OUT-LAW.com

Posted March 29th, 2018 in bills, consultations, insurance, news, personal injuries by tracey

‘The way in which the discount rate applied to lump sum personal injury payments is calculated will be changed in order to “better reflect evidence of actual investment habits”, the UK government has confirmed.’

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OUT-LAW.com, 28th March 2018

Source: www.out-law.com

Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog

‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’

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UK Human Rights Blog, 23rd March 2018

Source: ukhumanrightsblog.com

Personal Injury and the tort of deceit – Zenith PI

Posted March 27th, 2018 in damages, deceit, news, personal injuries by tracey

‘UK Insurance Ltd –v- Gentry [2018] EWHC 372B. In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident.’

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Zenith PI, 27th March 2018

Source: zenithpi.wordpress.com

High Court throws 100% success fee model for low-value PI claims into doubt – Litigation Futures

Posted March 26th, 2018 in consent, fees, news, personal injuries by tracey

‘The High Court has thrown the industry-standard model for handling low-value personal injury claims into doubt after ruling that solicitors still need to undertake individual risk assessments before setting the success fee – rather than just applying 100% across the board.’

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Litigation Futures, 26th March 2018

Source: www.litigationfutures.com

Whiplash reforms could cost claimant lawyers £80m, government says – Legal Futures

Posted March 22nd, 2018 in bills, compensation, fees, insurance, news, personal injuries by sally

‘The whiplash reforms could cost claimant lawyers £80m in lost fees a year, the Ministry of Justice (MoJ) said yesterday as it unveiled its final impact assessment (IA) of the changes contained in the Civil Liability Bill.’

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Legal Futures, 22nd March 2018

Source: www.legalfutures.co.uk

Supreme Court decision today: salt sensitisation is an actionable injury – Zenith PI

Posted March 21st, 2018 in industrial injuries, news, personal injuries, Supreme Court by tracey

‘In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action.’

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Zenith PI, 21st March 2018

Source: zenithpi.wordpress.com

Justice Secretary unveils new bill to cut car insurance premiums – Ministry of Justice

Posted March 21st, 2018 in bills, compensation, insurance, personal injuries, press releases, road traffic by tracey

‘Justice Secretary David Gauke today (20 March 2018) unveiled the Civil Liability Bill, offering hope of lower insurance premiums to millions of motorists.’

full press release

Ministry of Justice, 20th March 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

Insurers and claimant lawyers clash over impact of Civil Liability Bill on motor premiums – Legal Futures

Posted March 21st, 2018 in bills, compensation, insurance, news, personal injuries, road traffic by tracey

‘Publication of the Civil Liability Bill yesterday met with a polarised response and a commitment from the chief executives of 26 leading insurance companies to pass on the savings to customers – dismissed as empty promises by claimant solicitors.’

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Legal Futures, 21st March 2018

Source: www.legalfutures.co.uk

UK drivers to save £35 after new curbs on whiplash claims – The Guardian

Posted March 21st, 2018 in bills, compensation, insurance, news, personal injuries, road traffic by tracey

‘Car insurance premiums are to fall by £35 a year after the government announced measures to curb the high number of whiplash claims that currently cost UK drivers over £1bn a year. The justice secretary, David Gauke, unveiled plans to introduce the civil liability bill through the House of Lords, which will set out changes to the way that whiplash claims are calculated and paid.’

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The Guardian, 20th March 2018

Source: www.theguardian.com

Judge disapplies QOCS for part of solicitor’s failed claim over quality of Oxford teaching – Litigation Futures

Posted March 20th, 2018 in costs, news, personal injuries, solicitors, universities by sally

‘A High Court judge has disapplied qualified one-way costs shifting (QOCS) for part of a failed claim by a solicitor that Oxford University was to blame for a worse-than-expected degree that he said has affected his career to date.’

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Litigation Futures, 20th March 2018

Source: www.litigationfutures.com

The clock starts ticking – Gauke publishes Civil Liability Bill – Legal Futures

Posted March 20th, 2018 in bills, compensation, insurance, news, personal injuries by sally

‘Justice Secretary David Gauke today finally published the Civil Liability Bill, which the government said “offered hope” of lower insurance premiums to millions of motorists by reducing the “unacceptably high number of whiplash claims”.’

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Legal Futures, 20th March 2018

Source: www.legalfutures.co.uk