Judge upholds strike-out of £2.6m ‘RTA portal’ claim – Litigation Futures

Posted September 2nd, 2019 in abuse of process, news, personal injuries, road traffic, striking out by sally

‘A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.’

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Litigation Futures, 2nd September 2019

Source: www.litigationfutures.com

Is Speeding a Defence? Motorbikes and Contributory Negligence – Zenith PI Blog

Posted September 2nd, 2019 in contribution, defences, motorcycles, news, personal injuries by sally

‘In the majority of road traffic based personal injury claims, speed is often raised as an allegation of negligence. Witness statements abound with comments that the other driver ‘must’ve been speeding’ and even, my personal favourite, that ‘they sounded like they were speeding’. To what extent though does the speed of the other driver absolve the negligent driver? The High Court has considered this question in a recent case involving a motorcyclist, a side road and bank holiday driving.’

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Zenith PI Blog, 30th August 2019

Source: zenithpi.wordpress.com

Budgeting “not inevitable” in catastrophic injury cases – Litigation Futures

‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’

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Litigation Futures, 29th August 2019

Source: www.litigationfutures.com

Defendant who brought fraudulent ‘phantom passenger’ claim against council given suspended sentence – Local Government Lawyer

‘A defendant who brought a fraudulent claim against Cardiff Council in a “phantom passenger” road traffic accident case has been sentenced to four months in prison, suspended for 18 months, it has been reported.’

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Local Government Lawyer, 28th August 2019

Source: www.localgovernmentlawyer.co.uk

Costs budgeting is not inevitable – Charlie Cory-Wright QC – UK Human Rights Blog

Posted August 27th, 2019 in budgets, civil procedure rules, costs, news, personal injuries by sally

‘Generally speaking, we lawyers dislike procedural change. While we may well understand that a particular change is necessary and we will certainly recognise that we need to adapt to it when it comes, such changes nonetheless tend to make us feel ignorant and highly uncomfortable. We have to treat any new procedural regime as a known unknown, which presents pitfalls for the unwary, at least until we become familiar with it. And in the meantime, a culture of half-knowledge develops, an uncertain and dangerous combination of a little learning, anecdote, and false assumptions. This very often leads to negative over-simplification.’

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UK Human Rights Blog, August 2019

Source: ukhumanrightsblog.com

Adding Insult to Injury – Hailsham Chambers

Posted August 23rd, 2019 in costs, expert witnesses, negligence, news, personal injuries, time limits by sally

‘A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers.’

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Hailsham Chambers, 13th August 2019

Source: www.hailshamchambers.com

Withdrawal of Pre-Action Admissions – Judges Should Resist the Temptation to Conduct a Mini-Trial – Zenith PI Blog

Posted August 22nd, 2019 in local government, news, personal injuries, pre-action conduct by sally

‘The defendant local authority appealed against a master’s refusal of permission to withdraw a pre-action admission made by its insurer.’

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Zenith PI Blog, 21st August 2019

Source: zenithpi.wordpress.com

Judge condemns “embarrassing” expert who used expletive – Litigation Futures

Posted August 20th, 2019 in evidence, expert witnesses, hospitals, news, personal injuries by sally

‘A High Court judge has taken to task an “embarrassing” medical expert who made “continual apologies” and used “an expletive” during his evidence.’

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Litigation Futures, 20th August 2019

Source: www.litigationfutures.com

Court proceedings pack change “renders portal offer void” – Litigation Futures

Posted August 19th, 2019 in appeals, civil procedure rules, damages, documents, insurance, news, personal injuries by tracey

‘A circuit judge has ruled that a failure in a portal case to include the same damages figure in the stage 3 court proceedings pack (CPP) as in the stage 2 settlement pack form renders the offer void.’

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Litigation Futures, 19th August 2019

Source: www.litigationfutures.com

High Court sets aside default judgment in £3m PI claim – Litigation Futures

Posted August 14th, 2019 in default judgments, defences, news, personal injuries, time limits by michael

‘The High Court has set aside judgment in default of defence in a £3m personal injury claim because, although the court was “unaware” of it, a defence had been served before the judgment.’

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Litigation Futures, 14th August 2019

Source: www.litigationfutures.com

Legal charities urge government to delay whiplash reforms – Legal Futures

‘Four leading legal charities have urged the government to delay next year’s whiplash reforms over fears that litigants in person and the organisations supporting them will be overwhelmed by the new regime.’

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Legal Futures, 13th August 2019

Source: www.legalfutures.co.uk

Bouncer jailed for throwing man out of bar with such force he landed on other side of street – The Independent

‘A bouncer has been jailed after he threw a reveller out of a bar so hard he crashed into a wall – on the opposite side of the street.’

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The Independent, 12th August 2019

Source: www.independent.co.uk

Assistant chief constable smashed into oncoming car because she was trying to make hands free call to MP husband, court hears – Daily Telegraph

‘A senior police officer who smashed into an oncoming car while trying to make a hands-free phone call to her MP husband escaped a driving ban today.

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Daily Telegraph, 8th August 2019

Source: www.telegraph.co.uk

Paddington station: Commuter gets £27k for ‘possible pigeon poo slip’ – BBC News

Posted August 8th, 2019 in compensation, news, personal injuries, railways, statistics by tracey

‘A commuter received £27,602 from Network Rail after “possibly slipping” on pigeon poo at Paddington station. Data obtained by the BBC has revealed Network Rail has paid out nearly £1m in five years for slips, trips and falls at its stations across the UK.’

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BBC News, 8th August 2019

Source: www.bbc.co.uk

Tafida Raqeeb: family to fight NHS in court in effort to save daughter – The Guardian

Posted August 7th, 2019 in children, doctors, families, hospitals, medical treatment, news, personal injuries by tracey

‘The family of a seriously ill five-year-old girl are taking on an NHS trust in court to try to force doctors to release her for what they believe would be life-saving treatment abroad.’

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The Guardian, 6th August 2019

Source: www.theguardian.com

Pensioner loses arm after catching flesh-eating bug at pilates class, as High Court rules she is entitled to compensation from NHS – Daily Telegraph

Posted August 2nd, 2019 in damages, negligence, news, paramedics, personal injuries by tracey

‘A pensioner who lost her arm after catching a flesh-eating bug at church hall pilates class has won her claim in negligence against the NHS at the High Court.’

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Daily Telegraph, 1st August 2019

Source: www.telegraph.co.uk

Gauke sets new discount rate at -0.25% – Litigation Futures

Posted July 15th, 2019 in compensation, indexation, insurance, interest, news, personal injuries by tracey

‘Lord Chancellor David Gauke announced this morning that he is to change the personal injury discount rate from -0.75% to -0.25%, a lower figure than was widely anticipated.’

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Litigation Futures, 15th July 2019

Source: www.litigationfutures.com

Whiplash Portal – “Vulnerable” Parties to be Exempt (At Least to Begin With) – Zenith PI Blog

‘The new whiplash portal is due to launch in the spring of 2020. It is likely to cover injuries arising from accidents occurring after 6th April.’

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Zenith PI Blog, 9th July 2019

Source: zenithpi.wordpress.com

Revealed: Children to be exempt from whiplash portal – for now – Legal Futures

‘Children and protected parties are to be exempt from the increase in the small claims limit and the new whiplash portal – at least for now – Legal Futures can reveal.’

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Legal Futures, 8th July 2019

Source: www.legalfutures.co.uk

Tribunal rejects paralegal’s disability discrimination claim – Legal Futures

‘An employment tribunal has comprehensively rejected a disability discrimination claim brought by a paralegal who worked for well-known personal injury firm Ralli.’

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Legal Futures, 5th July 2019

Source: www.legalfutures.co.uk