Tribunal rejects law firm’s bid to strike out disability claim – Legal Futures

‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’

Full Story

Legal Futures, 2nd May 2019

Source: www.legalfutures.co.uk

Straining the Alphabet Soup: Part 1 — Anonymity orders in Personal Injury proceedings – UK Human Rights Blog

‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’

Full Story

UK Human Rights Blog, 30th April 2019

Source: ukhumanrightsblog.com

Leading firm held liable for asbestos case blunder – Legal Futures

‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’

Full Story

Legal Futures, 1st May 2019

Source: www.legalfutures.co.uk

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

Full Story

Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

Fixed fees can apply to claim which settled for £42k, court rules – Law Society’s Gazette

‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’

Full Story

Law Society's Gazette, 24th April 2019

Source: www.lawgazette.co.uk

Test to escape fixed costs in ex-portal cases is “high bar” – Litigation Futures

Posted April 23rd, 2019 in accidents, costs, news, personal injuries, road traffic by sally

‘The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.’

Full Story

Litigation Futures, 23rd April 2019

Source: www.litigationfutures.com

Compensators urged to prepare for higher discount rate – Litigation Futures

Posted April 17th, 2019 in compensation, damages, news, personal injuries by tracey

‘The impending change to the discount rate means a focus on old part 36 offers, accommodation claims and cases that have settled but still require court approval, a leading defendant lawyer has said.’

Full Story

Litigation Futures, 16th April 2019

Source: www.litigationfutures.com

Prison officer gets G4S payout for brain damage after assault – The Guardian

‘A prison officer left with permanent brain damage after an attack at a children’s jail run by G4S has spoken about his continued belief in rehabilitation after receiving a “substantial” settlement from his former employer.’

Full Story

The Guardian, 12th April 2019

Source: www.theguardian.com

Vicarious liability not a “one-way street” for accident victims – Litigation Futures

‘Assessing the demands of social justice in cases involving vicarious liability is “not a one-way street” for accident victims, a High Court judge has said.’

Full Story

Litigation Futures, 11th April 2019

Source: www.litigationfutures.com

New Judgment: Vedanta Resources PLC & Anor v Lungowe & Ors [2019] UKSC 20 – UKSC Blog

‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’

Full Story

UKSC Blog, 10th April 2019

Source: ukscblog.com

Victim of senior partner’s f-word tirades awarded £47,000 – Legal Futures

‘A paralegal subjected to f-word tirades by the senior partner of a London law firm has been awarded £47,000 by an employment tribunal – less than 5% of the value of her claim.’

Full Story

Legal Futures, 5th April 2019

Source: www.legalfutures.co.uk

CA upholds challenge to routine 100% success fee in low-value PI – Litigation Futures

‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’

Full Story

Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

Solicitors can recover VAT on full MRO fee, says appeal court – Litigation Futures

‘A solicitor does not have to investigate whether a medical reporting organisation (MRO) is right to charge VAT on the whole of its bill, the Court of Appeal has ruled in a case that it said affected “thousands” of others.’

Full Story

Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

Unrepresented PI litigants to receive “expert view” on claims – Legal Futures

‘Unrepresented personal injury (PI) claimants under the new whiplash regime will have paid-for access to an “independent view” of their claim, the Ministry of Justice has revealed.’

Full Story

Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

Claimant solicitors secure £150k interim costs for unfinished dispute – Law Society’s Gazette

Posted March 22nd, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by tracey

‘The county court has granted solicitors an interim costs order in a long-running case where the level of damages was still three years from being finalised.’

Full Story

Law Society's Gazette, 21st March 2019

Source: www.lawgazette.co.uk

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

Full Story

Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Judge: solicitors need “adequate cash flow” to fund med neg cases – Litigation Futures

Posted March 20th, 2019 in civil procedure rules, costs, delay, negligence, news, personal injuries, solicitors by sally

‘Solicitors may refuse to take on medical negligence cases at an early stage if courts fail to ensure “adequate cash flow”, a circuit judge has warned.’

Full Story

Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Unregulated adviser held to same standard as qualified lawyer – Legal Futures

Posted March 18th, 2019 in legal services, McKenzie friends, negligence, news, personal injuries by tracey

‘A man who ran a ‘litigation firm’ and sold its expertise as coming from qualified legal advisers – even though it did not – has been held to the same standards as actual lawyers in a negligence claim.’

Full Story

Legal Futures, 18th March 2019

Source: www.legalfutures.co.uk

Dementia as a Result of Traumatic Brain Injury: Fact or Fiction? – Byrom Chambers

Posted March 15th, 2019 in accidents, mental health, news, personal injuries, psychiatric damage by sally

‘Dementia is not one single disease. It is used to describe the group of symptoms that occur when there is a decline in brain function.’

Full Story

Byrom Chambers, 12th March 2019

Source: www.byromstreet.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

Full Story

39 Essex Chambers, 21st February 2019

Source: www.39essex.com