Insurance surgery: liability & multi-party accidents abroad – New Law Journal

Posted February 17th, 2017 in accidents, conflict of laws, EC law, insurance, news, personal injuries by sally

‘The Court of Appeal has provided welcome clarity on determining which laws should apply in cross-border cases, says Kelvin Farmaner.’

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New Law Journal, 16th February 2017

Source: www.newlawjournal.co.uk

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New Untraced Drivers Agreement in force after 1st March 2017 – Park Square Barristers

‘If an injured person cannot identify the fault driver of another vehicle, this is the agreement which governs their rights to compensation. In many instances, this is because the accident was a classic “hit and run”; indeed the MIB have stated that 12% of accidents in which the accident was reported to the police and a person was injured were such “hit and run accidents”. (That statistic is not as significant as it would seem at first blush; the majority of relatively minor road traffic accidents are not reported to police; the reason that such accidents are reported is that the other vehicle has made off without stopping so to a certain extent it is a self-selecting criteria). No details of the fault vehicle or the driver tend to have been obtained or recorded so an injured person’s only option would be the Untraced Driver’s Agreement.’

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Park Square Barristers, 8th February 2017

Source: www.parksquarebarristers.co.uk

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Child of incestuous rape seeks compensation – BBC News

‘A severely disabled man born after an incestuous rape is seeking compensation at the Court of Appeal as a victim.’

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BBC News, 15th March 2017

Source: www.bbc.co.uk

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Lawyers unite in opposition to massive extension of fixed costs – Litigation Futures

Posted February 16th, 2017 in barristers, civil justice, costs, news, personal injuries by sally

‘Lawyers have united against the potential threat of a huge extension of fixed recoverable costs to all civil claims worth up to £250,000.’

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Litigation Futures, 15th February 2017

Source: www.litigationfutures.com

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Asbestos: Breach, Causation and Damages, David Kearns v Delta Steeplejacks Limited [2017] EWHC 149 (QB) – Zenith PI Blog

Posted February 15th, 2017 in apportionment, asbestos, causation, damages, news, personal injuries by sally

‘Where an apportionment for exposure to asbestos was carried out using a time based apportionment as opposed to a dose based apportionment.’

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Zenith PI Blog, 15th February 2017

Source: www.zenithpi.wordpress.com

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Post-Brexit on the pistes: winter sports and EU law – Law Society’s Gazette

‘Accident victims may struggle to get recompense if access to joined-up European laws is lost when the UK leaves the EU.’

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Law Society’s Gazette, 14th February 2017

Source: www.lawgazette.co.uk

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Cooperation With Counsel – Zenith PI Blog

Posted February 14th, 2017 in barristers, case management, news, personal injuries, solicitors by sally

‘This blog is addressed to solicitors and indeed to those who instruct counsel, particularly in relation to the fast-track trials and other proceedings such as small claims and indeed interlocutory matters. I feel that this is a timely Note, because thanks to the minimal remuneration which is nowadays given to solicitors (let alone counsel), solicitors are placed in great difficulty in dealing with claims of this kind efficiently. But, just as it is true that some cases are won by good preparation, so it is also unhappily true that many good cases are lost by poor preparation.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

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Expert Evidence, Independence and Objectivity: Exp v Barker [2017] EWCA Civ 63 – Zenith PI Blog

‘In EXP v Barker, the trial judge and Court of Appeal were faced with an unusual situation. An expert witness – although undoubtedly skilled and experienced in his field – had omitted to mention a close personal connection to the party instructing him.’

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Zenith PI Blog, 13th February 2017

Source: www.zenithpi.wordpress.com

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Special Damages: Discount for Gratuitous Care; Dog Walking; Carers’ “Perks”; and Care Requirements on Ageing – Mehmetemin v Farrell – Zenith PI Blog

Posted February 7th, 2017 in damages, news, personal injuries by sally

‘On 27.1.17 Sir Robert Nelson, in the High Court, gave judgment in Sandra Mehmetemin v Craig Farrell [2017] EWCH 103 QB, after the four-day hearing of a claim for damages for serious personal injuries arising out of a serious road traffic accident on 14.12.09, including a substantial care claim.’

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Zenith PI Blog, 6th February 2017

Source: www.zenithpi.wordpress.com

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Sharp v Leeds City Council – WLR Daily

Sharp v Leeds City Council [2017] EWCA Civ 33

‘The claimant alleged that an accident in which she sustained an injury had been caused by the failure of the local authority to maintain a footpath, in breach of its statutory duty. As the damages alleged were less than £25,000 or less, the claim fell within the purview of the Pre-Action Protocol for Low Value Personal Injury (Employer’s Liability and Public Liability) Claims (“EL/PL Protocol”). The claimant commenced the claims process pursuant to the protocol by loading a claim notification form (“CNF”) via the online Portal process, alleging breach of statutory duty under the Highways Act 1980. The claim subsequently ceased to continue within the EL/PL Protocol and thereafter fell within the Pre-action Protocol for Personal Injury Claims (“the Personal Injury Protocol”), the claimant’s CNF being treated as a letter of claim. As the local authority failed to provide the required pre-action disclosure within the prescribed time pursuant to the Personal Injury Protocol, the claimant made a pre-action disclosure application to the County Court under section 52 of the County Courts Act 1984. The district judge awarded her the costs of the pre-action disclosure application, summarily assessing them on the standard basis at £1,250. He treated the fixed costs regime provided by Section IIIA of CPR Pt 45 as inapplicable to the costs of applications under section 52 in respect of claims which had started, but no longer continued, under the EL/PL Protocol. However, on appeal, a different judge concluded that the fixed costs regime did apply, and the costs payable were reduced to £305.’

WLR Daily, February 2017

Source: www.iclr.co.uk

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Fixed Costs Apply in PAD Applications for Claims Which Leave The EL/PL Portal: Sharp v Leeds City Council [2017] EWCA Civ 33 – Zenith PI Blog

‘The Court of Appeal considered a “short but important point of interpretation of the Civil Procedure Rules” concerning the costs of pre-action disclosure (“PAD”) applications in cases which started, but no longer continue, under the EL/PL Protocol.’

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Zenith PI Blog, 2nd February 2017

Source: www.zenithpi.wordpress.com

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PI reforms could make justice system “unworkable”, district judges tell government – Legal Futures

Posted February 3rd, 2017 in consultations, judiciary, litigants in person, news, personal injuries by sally

‘The judges on the front line of low-value personal injury (PI) litigation have added a powerful voice of opposition to the government’s proposed reforms, saying the civil justice system could become “unworkable” as a result.’

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Legal Futures, 3rd February 2017

Source: www.legalfutures.co.uk

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Post-portal PAD applications subject to fixed fees, Court of Appeal rules – Litigation Futures

Posted February 2nd, 2017 in appeals, civil procedure rules, fees, news, personal injuries by tracey

‘Applications for pre-action disclosure (PAD) in cases that leave the personal injury portals are still subject to fixed costs, the Court of Appeal has ruled.’

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Litigation Futures, 1st February 2017

Source: www.litigationfutures.com

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Clin neg fixed costs plans unveiled as Hunt targets ‘unscrupulous’ firms – Law Society’s Gazette

‘Health secretary Jeremy Hunt today finally announced the details of the fixed costs regime for clinical negligence cases.’

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Law Society’s Gazette, 30th January 2017

Source: www.lawgazette.co.uk

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Pedestrian v Car: RTA Case Summary – Zenith PI Blog

Posted January 30th, 2017 in alcohol abuse, careless driving, negligence, news, personal injuries by sally

‘The driver of a car, who was not distracted and was driving at only 20mph, was negligent in failing to see a pedestrian who, in drink, walked out into the road in front of her car.’

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Zenith PI Blog, 26th January 2017

Source: www.zenithpi.wordpress.com

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KFC fined £1m over Teesside workers’ gravy burns – BBC News

Posted January 23rd, 2017 in costs, fines, health & safety, news, personal injuries by sally

‘Fast food chain KFC has been fined almost £1m after two employees suffered burns while handling hot gravy without gloves.’

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BBC News, 20th January 2017

Source: www.bbc.co.uk

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Discount rate announcement set to go ahead after ABI loses judicial review bid – Litigation Futures

‘The Association of British Insurers (ABI) has today lost its High Court bid to halt the Lord Chancellor announcing the outcome of the consultation on the discount rate.’

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Litigation Futures, 20th January 2017

Source: www.litigationfutures.com

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To be able or not to be able : Capacity issues in personal injury litigation part 1 – Zenith PI Blog

‘This article is the first in a series of 2, dealing with the question of capacity in PI litigation particularly, and civil proceedings generally.’

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Zenith PI Blog, 18th January 2017

Source: www.zenithpi.wordpress.com

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Government forecast on impact of PI reforms “skewed against lawyers”, say economists – Legal Futures

‘The government’s own assessment of the impact of its planned personal injury reforms “makes the implicit assumption that solicitors, and the civil justice system as a whole, produce no benefits to society”, according to independent economists.’

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Legal Futures, 9th January 2017

Source: www.legalfutures.co.uk

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Future loss of earnings (Ogden vs Smith v Manchester approach), loss of congenial employment, material contribution test: A review of the decision in Kennedy v London Ambulance Service NHS Trust [2016] EWHC 3145 (QB) – Zenith PI Blog

Posted January 6th, 2017 in damages, news, personal injuries, post-traumatic stress disorder by tracey

‘This was a case of carbon monoxide poisoning. Liability was admitted; the matter was listed for an assessment of damages hearing. The interesting part of the decision is yet another example of the need not to focus too rigidly on the Ogden tables (multiplier/multiplicand) approach. It also provides a useful review of the case law concerning the material contribution test.’

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Zenith PI Blog, 6th January 2017

Source: www.zenithpi.wordpress.com

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