Concussion lawsuits could threaten sports’ viability, warns minister – The Guardian

Posted May 26th, 2021 in compensation, damages, health & safety, news, personal injuries, sport by sally

‘The rise in concussion lawsuits threatens the financial viability of some sports, the sports minister has said. Speaking to the digital, culture, media and sport select committee, Nigel Huddleston also suggested some sports would have to adapt their rules to make them safer to avoid more lawsuits in the future.’

Full Story

The Guardian, 25th May 2021

Source: www.theguardian.com

Much still to do, says litigation investor after breast implant case progress – Litigation Futures

‘A litigation investment company bringing High Court proceedings over PIP breast implants has welcomed a liability decision in France but said there is “still much more work to be done” on its claim in the UK.’

Full Story

Litigation Futures, 21st May 2021

Source: www.litigationfutures.com

‘Significant development’ need not be specific for budget revision – Litigation Futures

Posted May 17th, 2021 in budgets, case management, compensation, damages, news, personal injuries by sally

A ‘significant development’ in litigation requiring a budget to be revised need not be a specific event at a specific time, a Queen’s Bench master has ruled.

Full Story

Litigation Futures, 14th May 2021

Source: www.litigationfutures.com

Part 36 Offers : Children and Protected Parties Wormald -v- Ahmed [2021] EWHC 973 (QB) – St Philips Barristers

‘In claims concerning a child or a protected party, acceptance of a Part 36 offer is subject to the approval process under Part 21. Consequently, the accepted Part 36 offer is not deemed binding until the court approves the same. What would happen if the offeror wishes to withdraw the Part 36 offer during the period between acceptance and approval due to a material change in circumstances such as the death of a protected party?’

Full Story

St Philips Barristers, 13th May 2021

Source: st-philips.com

“Hopelessly complicated” whiplash portal guide slammed – Legal Futures

‘The 64-page users guide for litigants in person navigating the new Official Injury Claim portal has been strongly criticised by a leading academic for being “hopelessly complicated”.’

Full Story

Legal Futures, 13th May 2021

Source: www.legalfutures.co.uk

Salisbury Novichok-poisoned officer suing Wiltshire Police – BBC News

Posted May 13th, 2021 in news, personal injuries, poisoning, police by sally

‘An ex-police officer who was poisoned in the Salisbury Novichok attack is suing his former force.’

Full Story

BBC News, 12th May 2021

Source: www.bbc.co.uk

Tribunal throws out employment lawyer’s disability discrimination claim – Legal Futures

‘An employment lawyer who appeared at tribunals during a time he said he was “pretty constantly bed bound” due to a back injury has had his disability discrimination claim rejected.’

Full Story

Legal Futures, 10th May 2021

Source: www.legalfutures.co.uk

The 64-page guide for litigants in person bringing ‘simple’ whiplash claims – Legal Futures

‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’

Full Story

Legal Futures, 30th April 2021

Source: www.legalfutures.co.uk

Defendant can resile from part 36 offer accepted before protected party’s death – Litigation Futures

‘It would be unjust for a defendant to be bound by the acceptance of a six-year-old part 36 offer on behalf of a protected party just hours before their death, the High Court has indicated.’

Full Story

Litigation Futures, 22nd April 2021

Source: www.litigationfutures.com

Defendant contests Part 36 offer accepted on the day claimant died – Law Society’s Gazette

Posted April 22nd, 2021 in delay, news, part 36 offers, personal injuries by sally

‘A High Court judge has suggested it would be “unjust” for a defendant to be held to a six-year-old Part 36 offer accepted hours before the claimant died.’

Full Story

Law Society's Gazette, 21st April 2021

Source: www.lawgazette.co.uk

Proving The Driver Isn’t Always At Fault – Old Square Chambers

‘Caroline Hall of DAC Beachcroft provides this case summary (via the DAC Beachcroft website) in the case of Vincent v Walker [2021] EWHC 536 (QB). Caroline, instructed by Mike Green at Zurich Insurance on behalf of the defendant driver successfully defended a claim brought by an injured pedestrian.’

Full Story

Old Square Chambers, 23rd March 2021

Source: oldsquare.co.uk

Eight things you need to know: Personal Injury damages in divorce cases – Family Law

Posted April 16th, 2021 in damages, divorce, families, news, personal injuries by sally

‘The “pre-acquired” or “non-matrimonial” argument is one which has taken up much commentary in family law circles over recent years. However, the conundrum can be even more challenging when considering personal injury damages that one party may have received in order to meet their specific needs arising from an accident or injury.’

Full Story

Family Law, 16th April 2021

Source: www.familylaw.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

Posted April 9th, 2021 in accidents, chambers articles, compensation, damages, news, personal injuries by sally

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

Full Story

12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

Court of Appeal urges Part 36 clarity after rejecting ‘not genuine’ offer – Law Society’s Gazette

Posted April 7th, 2021 in appeals, causation, costs, damages, news, part 36 offers, personal injuries by sally

‘The Court of Appeal has sent a firm message to litigators about the details required in a Part 36 after ruling that a claimant’s offer to settle at 90% was not genuine.’

Full Story

Law Society's Gazette, 7th April 2021

Source: www.lawgazette.co.uk

‘Informed consent’ fees dispute set for Court of Appeal showdown – Law Society’s Gazette

‘Afees dispute in a personal injury claim with the potential to affect thousands of similar cases is set to be contested in the Court of Appeal.’

Full Story

Law Society's Gazette, 24th March 2021

Source: www.lawgazette.co.uk

Trial delays continue to lengthen across civil courts – Litigation Futures

‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’

Full Story

Litigation Futures, 23rd March 2021

Source: www.litigationfutures.com

Woman jailed for wildly exaggerated clinical negligence claim – Litigation Futures

Posted March 18th, 2021 in contempt of court, damages, negligence, news, personal injuries, sentencing by sally

‘A woman who duped her lawyers as she wildly exaggerated a clinical negligence claim, seeking damages of £5.7m instead of the £350,000 her case was worth, has been jailed for contempt of court.’

Full Story

Litigation Futures, 18th March 2021

Source: www.litigationfutures.com

Pondering the Imponderables: Future Loss of Earnings Claims Post-COVID – Ropewalk Personal Injury Blog

Posted March 11th, 2021 in chambers articles, coronavirus, damages, news, personal injuries by sally

‘The significant uncertainties in the economy and the employment market caused by the pandemic may lead to an upsurge in defendants arguing that damages for future loss of earnings should be assessed by way of a Blamire and/or a Smith v Manchester award rather than using the multiplier/multiplicand method. It could be contended that, applying the pre-COVID guidance, the extraordinary nature of those uncertainties creates too many imponderables for assessment using the standard multiplier/multiplicand basis. Conversely, the same uncertainties may make it easier for claimants to obtain Smith v Manchester awards and in higher amounts than before.’

Full Story

Ropewalk Personal Injury Blog, 3rd March 2021

Source: www.ropewalk.co.uk

The New SCT RTA Protocol & Whiplash Regulations – 12 King’s Bench Walk

‘Details of the new SCT RTA Protocol[1] (“the Protocol”) which sits alongside the new whiplash tariff, as set out in The Whiplash Injury Regulations 2021 (“the Whiplash Regulations”) were announced at the end of February. They will come into force, alongside the accompanying changes to the Civil Procedure Rules, on 31 May 2021.’

Full Story

12 King's Bench Walk, 3rd March 2021

Source: www.12kbw.co.uk

A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers

‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’

Full Story

No. 5 Chambers, 1st March 2021

Source: www.no5.com