‘A protocol aimed at cutting out opportunistic tactics by either claimants or defendants in personal injury (PI) cases during the Covid-19 pandemic has been unveiled by leading claimant firm Thompsons and the Association of British Insurers (ABI).’
Litigation Futures, 25th March 2020
Source: www.litigationfutures.com
‘A personal injury paralegal who settled his client’s claim without her authority for less than counsel had advised, and then misled her into retrospectively agreeing, has been banned from the profession.’
Litigation Futures, 20th March 2020
Source: www.litigationfutures.com
‘Personal injury law firms and insurers look unlikely to have sight of the new rules governing the whiplash portal until May as they were not signed off at this month’s meeting of the Civil Procedure Rule Committee (CPRC), it has emerged.’
Legal Futures, 17th March 2020
Source: www.legalfutures.co.uk
‘A recorder was wrong to find that a personal injury claimant was not fundamentally dishonest because he did not persist with his dishonesty, the High Court has decided.’
Litigation Futures, 16th March 2020
Source: www.litigationfutures.com
‘A man has been sentenced after CCTV caught him purposely banging his knee five times on a paving stone in order to make a fake injury claim against a housing association.’
Local Government Lawyer, 10th March 2020
Source: www.localgovernmentlawyer.co.uk
‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’
Legal Futures, 3rd March 2020
Source: www.legalfutures.co.uk
‘On 13.2.20 the Supreme Court (Lord Reed (President), Lady Arden and Lord Hamblen JJSC) refused the MIB’s application for permission to appeal against a finding that it was directly liable under EU law for injuries sustained by a pedestrian who was struck by an uninsured vehicle on private land. At the same time, it concluded that it was not necessary to refer the case for any ruling by the Court of Justice of the European Union. As a result, David Knifton QC (who acted for the Claimant) explains, the MIB has exhausted all avenues of appeal, and will have to meet Mr Lewis’s claim for the catastrophic injuries he suffered.’
Exchange Chambers, 20th February 2020
Source: www.exchangechambers.co.uk
‘Practitioners will be familiar with cases where costs are assessed according to the principles applicable in different tracks. In such circumstances, Khan v Aviva is of practical assistance by reaffirming the court’s general discretion to award issue-based costs, despite the presence of more restrictive costs regimes. The case therefore provides a helpful route to resisting adverse costs orders.’
Hardwicke Chambers, 21st February 2020
Source: hardwicke.co.uk
‘A costs judge was entitled to find that a case that erroneously exited the portal would have done so legitimately at some stage and so the claimant was entitled to regular, rather than fixed, costs, the High Court has ruled.’
Litigation Futures, 27th February 2020
Source: www.litigationfutures.com
‘Justice secretary Robert Buckland QC MP has finally confirmed that the RTA portal for whiplash claims is being delayed.’
Law Society's Gazette, 27th February 2020
Source: www.lawgazette.co.uk
‘One issue that arises from time to time in personal injury litigation is the question of whether an injured claimant must look to the tenant or landlord of premises where she sustained her injury in order to seek redress through a personal injury claim.’
Ropewalk Chambers, February 2020
Source: www.ropewalk.co.uk
‘A cyclist who knocked over a woman who was looking at her mobile phone while crossing a road and was then threatened with financially ruinous legal costs has settled the case.’
The Guardian, 24th February 2020
Source: www.theguardian.com
‘Parties can agree to contract out of fixed costs, a regional costs judge has ruled.’
Litigation Futures, 24th February 2020
Source: www.litigationfutures.com
‘In this December article for Personal Injury Focus, Devereux’s Rob Hunter and Bethany Sanders of Leigh Day explore the complexity of life expectancy evidence, providing background, comment, and practice advice on the issue.’
Devereux Chambers, 14th February 2020
Source: www.devereuxchambers.co.uk
‘On 18 December 2019, Her Honour Judge Melissa Clarke, the Designated Civil Judge sitting at Oxford Combined Court, handed down judgment in Docherty v Oxford University Hospitals NHS Trust (Unreported, 25, 26 & 27 November 2019). This was a clinical negligence claim in which the Claimant made various allegations in respect of her immediate post-natal care which led to her sustaining a serious ankle injury when she fainted due to anaemia caused by blood lost during an instrumental delivery the previous morning.’
Hailsham Chambers, 13th February 2020
Source: www.hailshamchambers.com
‘An urgently needed amendment to the rules on qualified one-way costs shifting (QOCS) in so-called mixed claims will come into force in the coming weeks, the Civil Procedure Rule Committee (CPRC) has decided.’
Litigation Futures, 18th February 2020
Source: www.litigationfutures.com
‘Walsall Council has successfully prosecuted a man who falsely claimed significant compensation following an injury when falling in a pothole.’
Local Government Lawyer, 17th February 2020
Source: www.localgovernmentlawyer.co.uk
‘Following the decision in I v Hull & East Yorkshire Hospitals NHS Trust (25 February 2019), applications for a further interim payment on account of costs have become common in high-value clinical negligence and personal injury claims where there is likely to be substantial delay before quantum can be determined by the court. In the recent decision in RXK v Hampshire Hospitals NHS Foundation Trust [2019] EWHC 2751 (QB), Master Cook observed that there was no decision of the High Court on the principle of whether such applications are well founded and have an adequate judicial basis in the rules and/or the authorities. Thus, the master took the opportunity in RXK to provide guidance ‘in the hope that such applications would be better prepared in future’.’
Law Society's Gazette, 17th February 2020
Source: www.lawgazette.co.uk
‘The government has confirmed it has no plans to look more widely at the system for awarding bereavement damages to relatives.’
Law Society's Gazette, 13th February 2020
Source: www.lawgazette.co.uk
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