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

Is a mother giving birth a primary or secondary victim in a claim for negligent treatment? – Family Law

Posted September 20th, 2017 in birth, hospitals, negligence, news, personal injuries, psychiatric damage by sally

‘RE v Calderdale & Huddersfield NHS Foundation Trust [2017] EWHC 824 (QB) involved a claim relating to negligent treatment during a child’s birth that resulted in the child suffering cerebral palsy (CP). The case also involved psychological injury claims for mother and grandmother (the father’s claim was discontinued).’

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Family Law, 19th September 2017

Source: www.familylaw.co.uk

Holiday fall gran accused of being ‘too tipsy’ for payout wins £30,000 compensation – Daily Telegraph

Posted September 20th, 2017 in alcohol abuse, compensation, holidays, news, personal injuries by sally

‘A grandmother accused of being “staggering drunk” and wearing “silly shoes” when she fell over while holidaying on a Greek island has won over £30,000 compensation.’

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Daily Telegraph, 19th September 2017

Source: www.telegraph.co.uk

“All to play for” on Civil Liability Bill, personal injury leaders say – Legal Futures

Posted September 20th, 2017 in bills, damages, news, personal injuries, small claims by sally

‘Leading personal injury lawyers told yesterday’s PI Futures conference that there is “all to play for” on the Civil Liability Bill as a “nervous” governments seeks to avoid a damaging parliamentary defeat.’

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Legal Futures, 20th September 2017

Source: www.legalfutures.co.uk

MPs given early chance to scrutinise discount rate reform legislation – Litigation Futures

‘The justice select committee has accepted an invitation by the Ministry of Justice (MoJ) to undertake pre-legislative scrutiny of the draft legislation to reform the discount rate.’

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Litigation Futures, 18th September 2017

Source: www.litigationfutures.com

Fatal accident damages: a recent case: life expectancy; damages for loss of services & loss of care & attention – Zenith PI

Posted September 11th, 2017 in accidents, compensation, damages, expert witnesses, health, judges, news, personal injuries, widows by tracey

‘In Magill v Panel Systems (DB Limited) [2017] EWHC 1517 (QB) His Honour Judge Gosnell (sitting as a Judge of the High Court) considered some key issues relating to fatal accident damages.’

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Zenith PI, 10th September 2017

Source: zenithpi.wordpress.com

Uncertainty of prognosis is no excuse for late acceptance of Part 36 offer – Zenith PI

Posted September 8th, 2017 in delay, news, part 36 offers, personal injuries by tracey

‘Briggs v CEF Holdings Ltd (2017) CA (unreported). It is not uncommon for a defendant to make a part 36 offer early on in proceedings before the full prognosis is known. The frequency with which claimant representatives are faced with the difficulty of advising clients in these circumstances does not reduce its impact.’

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Zenith PI, 8th September 2017

Source: zenithpi.wordpress.com

A good day for defendants – lawyers react to discount rate reform and NAO report – Litigation Futures

Posted September 8th, 2017 in compensation, costs, insurance, negligence, news, personal injuries by tracey

‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’

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Litigation Futures, 8th September 2017

Source: www.litigationfutures.com

Fail to engage in adr at your peril – Zenith PI

Posted September 7th, 2017 in arbitration, news, part 36 offers, personal injuries by tracey

‘Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims.’

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Zenith PI, 5th September 2017

Source: zenithpi.wordpress.com

MoJ reveals potential new discount rate after announcing reform – Law Society’s Gazette

Posted September 7th, 2017 in compensation, consultations, news, personal injuries by tracey

‘The lord chancellor has set out long-awaited proposals for calculating the “discount rate” applied to personal injury settlements. Under proposed legislation, the rate will be set by reference to rates of return on “low risk” rather than “very low risk” investments as at present. The rate will also be reviewed at least every three years.’

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Law Society's Gazette, 7th September 2017

Source: www.lawgazette.co.uk

“People die of food poisoning” – misleading holiday claims advert pulled after watchdog ruling – Legal Futures

Posted September 6th, 2017 in advertising, claims management, complaints, holidays, news, personal injuries by sally

‘A claims management company (CMC) has withdrawn a YouTube advert designed to generate holiday sickness claims after the Advertising Standards Authority (ASA) ruled that it was misleading.’

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Legal Futures, 6th September 2017

Source: www.legalfutures.co.uk

Jackson’s scorn for ‘artificial claims stirred up by advertisements’ – Law Society’s Gazette

Posted September 5th, 2017 in advertising, civil justice, judges, law firms, miners, news, personal injuries by sally

‘Lord Justice Jackson has expressed his contempt for a firm that recruited a claimant and ‘turned his head’ to bring negligence proceedings. In the Court of Appeal Jackson said it was ‘regrettable’ that north west firm Mellor Hargreaves had persuaded a former miner to bring an action against his previous solicitors to ‘top up’ a damages award.’

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Law Society's Gazette, 5th September 2017

Source: www.lawgazette.co.uk

Potholes Galore! – Zenith PI

‘Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports. If it does indeed state a matter of principle, it may be thought a singular advance on previous authorities.’

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Zenith PI, 26th July 2017

Source: zenithpi.wordpress.com

Stephen Lawrence killer gets legal aid for compensation claim – Daily Telegraph

Posted July 26th, 2017 in assault, compensation, legal aid, news, personal injuries, prisons by sally

‘One of the killers of Stephen Lawrence has been granted legal aid in a battle to get compensation from the Government after he was allegedly beaten up in prison.’

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Daily Telegraph, 25th July 2017

Source: www.telegraph.co.uk

Personal injury: Untraced drivers and rights – Law Society’s Gazette

Posted July 26th, 2017 in costs, limitations, Motor Insurers’ Bureau, news, personal injuries by sally

‘In Howe v Motor Insurers’ Bureau [2017] EWCA obligation 932, Mr Howe was driving a lorry in France on 30 March 2007 when a wheel detached from a lorry in front of him. The resulting accident left him paraplegic. Neither the other vehicle nor its driver was ever traced. He submitted a claim to the Motor Insurers’ Bureau and its French equivalent, but after a time he was told by the French that his claim was out of time. Consequently, he issued proceedings against the British MIB directly, seeking to enforce his rights under regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (the regulations). That claim was struck out because it was out of time. The MIB now sought to recover its costs of defending the proceedings.’

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Law Society's Gazette, 24th July 2017

Source: www.lawgazette.co.uk

Court of Appeal overturns ruling in favour of claimant that accepted part 36 offer late – Litigation Futures

‘Uncertainty regarding a claimant’s prognosis is part of the usual risk of personal injury litigation and not enough to justify disapplying the usual consequences of accepting a part 36 offer out of time, the Court of Appeal has ruled.’

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Litigation Futures, 26th July 2017

Source: www.litigationfutures.com

Rule committee decides against revisiting budgeting limit for PI cases despite discount rate impact – Litigation Futures

Posted July 18th, 2017 in budgets, civil procedure rules, costs, news, personal injuries by tracey

‘The Civil Procedure Rule Committee has decided against changing the financial threshold for costs budgeting in high-value personal injury cases, despite the prospect of the new discount rate taking a significant number of claims out of the regime.’

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Litigation Futures, 17th July 2017

Source: www.litigationfutures.com

News focus: Wish you weren’t here – Law Society’s Gazette

Posted July 17th, 2017 in costs, fees, fraud, holidays, insurance, news, personal injuries by tracey

‘Personal injury (PI) lawyers may have experienced a powerful sense of deja vu last week when the government announced a review of fees in holiday sickness claims. The same apocalyptic warnings of rampant fraud; the same incessant lobbying from a trade body. And ultimately the same solution – fixed costs – provided by ministers who would rather the whole thing just went away.’

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Law Society's Gazette, 17th July 2017

Source: www.lawgazette.co.uk

Thomas Cook wins fake holiday sickness case – BBC News

Posted July 12th, 2017 in damages, food hygiene, fraud, holidays, news, personal injuries by sally

‘Travel company Thomas Cook says it has won a legal victory against a fake holiday sickness claim and plans to challenge other such claims in court.’

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BBC News, 11th July 2017

Source: www.bbc.co.uk

Summary Judgment – You Can’t Just Hope for the Best; Dodd v Raebarn Estates Ltd and Others [2017] EWCA CIV 439 – Zenith PI Blog

Posted July 11th, 2017 in appeals, news, personal injuries, summary judgments by sally

‘In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications.’

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Zenith PI Blog, 10th July 2017

Source: zenithpi.wordpress.com