Lord Sumption at the Personal Injuries Bar Association Annual Lecture, London – Supreme Court

Posted November 17th, 2017 in accidents, compensation, damages, insurance, lectures, negligence, personal injuries by tracey

‘Abolishing Personal Injuries Law – A project’

Full speech

Supreme Court, 16th November 2017

Source: www.supremecourt.uk

Solicitors under fire for failing to act in best interests of seriously injured clients – Litigation Futures

Posted November 16th, 2017 in case management, law firms, news, personal injuries, solicitors, victims by tracey

‘Personal injury lawyers are often failing to act in the best interests of seriously injured clients, according to a law firm’s online poll. The survey by Nockolds Solicitors found that a large majority (81%) of rehabilitation case managers had experienced a situation where a claimant solicitor had “clearly not acted in the best interests of the client”.’

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Litigation Futures, 16th November 2017

Source: www.litigationfutures.com

Thousands of young people injured after being ‘restrained’ by officers – The Independent

‘Thousands of children and teenagers have been injured while being physically restrained in secure facilities, new figures have shown. Ministers have been urged to rethink heavy-handed techniques for restraining minors after official statistics revealed there have been more than 4,800 cases since 2010 where young people were hurt by being pinned down by officials.’

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The Independent, 13th November 2017

Source: www.independent.co.uk

Claimant ordered to pay council £12k over false claims of pothole injury – Local Government Lawyer

Posted November 10th, 2017 in costs, evidence, news, personal injuries by tracey

‘A man has been ordered to pay £12,000 to a council after a court found he falsely claimed he was injured by tripping in a pothole.’

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Local Government Lawyer, 9th November 2017

Source: www.localgovernmentlawyer.co.uk

Policeman jailed for selling crash data to claims firm – which were sold on to law firms – Legal Futures

‘Two married constables working for Lancashire Police were sentenced last month for stealing police data about car crashes and selling it to claims firms for £363,000.’

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Legal Futures, 8th November 2017

Source: www.legalfutures.co.uk

Court allows defendant to ditch settlement reached three days before discount rate change – Litigation Futures

‘The High Court has upheld the right of a defendant in a personal injury claim to resile from a settlement agreement made three days before the discount rate was cut earlier this year.’

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Litigation Futures, 3rd November 2017

Source: www.litigationfutures.com

Woman wins £115,000 from former friend after breaking her arm being pulled over by her Alsatian – Daily Telegraph

Posted November 2nd, 2017 in compensation, costs, dogs, negligence, news, personal injuries by tracey

‘A woman has won £115,000 from her former friend after she broke her arm and hip when she was pulled over by her Alsatian dog.’

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Daily Telegraph, 1st November 2017

Source: www.telegraph.co.uk

Lidington confirms rise in small claims limit for personal injury cases – Legal Futures

Posted October 26th, 2017 in accidents, news, personal injuries, road traffic, small claims by sally

‘The small claims limit for RTA cases will rise to £5,000 – as they are not cases where people should usually need a lawyer – and the limit for other personal injury cases to £2,000, the justice secretary, David Lidington, confirmed today. But he could not say when.’

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Legal Futures, 25th October 2017

Source: www.legalfutures.co.uk

PPO first as insurer agrees to cover future cost of mesothelioma treatment – Litigation Futures

‘Solicitors for a man suffering from mesothelioma have claimed a first by securing an agreement with the defendant insurers to cover the future costs of his cancer treatment, no matter the amount or length.’

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Litigation Futures, 24th October 2017

Source: www.litigationfutures.com

Johnson v MoD and date of knowledge in noise-induced hearing loss limitation trials – Zenith Chambers

Posted October 20th, 2017 in limitations, news, noise, personal injuries by sally

‘The decision of the Court of Appeal in Johnson v Ministry of Defence [2013] P.I.Q.R. P7, [2012] E.W.C.A. Civ 1505 provides a potential “knockout blow” for Defendants in noise-induced hearing loss limitation trials where attributability is disputed by the Claimant.’

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Zenith Chambers, 13th October 2017

Source: www.zenithchambers.co.uk

When must a client be saved from himself? It is all a question of money says the Court of Appeal – Hardwicke Chambers

Posted October 20th, 2017 in fees, negligence, news, personal injuries, solicitors by sally

‘Do solicitors’ duties depend on how much they are paid? Are clients entitled to expect the same level of service from solicitors when they are strapped for cash? In Thomas v HJFS, the Court of Appeal has suggested that the standard of professional duties could be lowered when they are provided at a discount.’

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Hardwicke Chambers, 17th October 2017

Source: www.hardwicke.co.uk

Serious Personal Injury Litigation – A Quantum Update – Byrom Street Chambers

Posted October 20th, 2017 in damages, indexation, news, periodical payments, personal injuries by sally

‘Arguments concerning the indexation of periodical payments orders triggeredmany more cases than usual being tried out after 2005 on numerous heads of damage. Further cases followed after theissue of indexation was decided, leading to the landmark decision in Whiten (2011). In late 2014 and 2015 there has been a further spate of reported cases driven by the NHS LA. James Rowley QC brings together the judgments so that trends in awards in the most serious litigation can be identified.’

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Byrom Street Chambers, 29th September 2017

Source: www.byromstreet.com

Case Law Update – Byrom Street Chambers

‘This paper examines a selection of those of the more interesting cases to those acting for defendants over the past two years.’

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Byrom Street Chambers, 26th September 2017

Source: www.byromstreet.com

Eight sentenced over bus ‘crash for cash’ fraud – Law Society’s Gazette

Posted October 13th, 2017 in fraud, insurance, news, personal injuries, road traffic, sentencing by tracey

‘The biggest number of claimants ever tried together in an insurance fraud case have been handed sentences ranging from community service to custody.’

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Law Society's Gazette, 13th October 2017

Source: www.lawgazette.co.uk

Government calls for holiday sickness fraud evidence as it treats ABTA figures with caution – Legal Futures

Posted October 13th, 2017 in costs, fraud, holidays, insurance, news, personal injuries by tracey

‘The Ministry of Justice has today issued a call for evidence that it said would give ministers “a greater insight into the reported rise” in fraudulent holiday sickness claims, but displayed caution in the use of the oft-cited figure of a 500% increase in cases.’

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Legal Futures, 13th October 2017

Source: www.legalfutures.co.uk

Ministry of Justice “set to repeat mistakes of LASPO”, warns MASS chairman – Litigation Futures

Posted October 12th, 2017 in consultations, insurance, Ministry of Justice, news, personal injuries by sally

‘ASPO has not brought down insurance premiums, stopped referral fees or seen accident victims benefit from the promised 10% uplift in damages, and the Ministry of Justice is set to repeat its mistakes in the Civil Liability Bill, the chairman of the Motor Accident Solicitors Society (MASS) claimed yesterday.’

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Litigation Futures, 12th October 2017

Source: www.litigationfutures.com

Whalley v Advantage Insurance [2017]: Costs Consequences Following the Late Acceptance of Part 36 Offers in Fixed Costs Cases – Zenith PI Blog

Posted October 12th, 2017 in civil procedure rules, costs, delay, insurance, news, part 36 offers, personal injuries by sally

‘The Claimant brought a claim for personal injury arising out a road traffic accident which took place on 11th July 2014. The Claimant went on to make a Part 36 offer to accept an 85/15 split on liability dated 7th December 2015. The Defendant’s time for accepting the offer expired on 30th December 2015. The Defendant did not in fact accept the Claimant’s Part 36 offer until 29th January 2016. The delay in accepting the offer was therefore just under one month post expiry. Quantum was agreed in the sum of £10,000 which was paid. The issue was whether the Claimant’s costs were limited to fixed costs for the entire action or whether the Claimant was entitled to either assessed costs or indemnity costs for the period 30th December 2015 to 29th January 2016.’

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Zenith PI Blog, 11th October 2017

Source: zenithpi.wordpress.com

Judge criticises ‘deeply disturbing’ practices at defunct Asons – Law Society’s Gazette

Posted October 4th, 2017 in costs, insurance, law firms, news, personal injuries by sally

‘The now-defunct Asons Solicitors has been ordered to meet the costs of insurance company LV=, after a court found that the law firm made ‘gross’ and ‘deeply disturbing’ failures in a personal injury case it was handling.’

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Law Society's Gazette, 3rd October 2017

Source: www.lawgazette.co.uk

The 14th Edition of the Judicial College Guidelines: A Brief Commentary – Zenith PI Blog

Posted September 25th, 2017 in damages, news, personal injuries by sally

‘On 17 September 2017 the new, 14th, Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases was published: replacing the previous 13th Edition, published in September 2015.’

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Zenith PI Blog, 22nd September 2017

Source: zenithpi.wordpress.com

Surge in work for the county courts includes rise in personal injury claims – Litigation Futures

Posted September 21st, 2017 in county courts, news, personal injuries, reports, statistics by sally

‘There was a big increase in all kinds of work at the county courts in the first quarter of this year, according to new figures from the Ministry of Justice (MoJ).’

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Litigation Futures, 21st September 2017

Source: www.litigationfutures.com