Master validates party’s defective delivery of part 36 withdrawal because of new discount rate – Litigation Futures

Posted March 24th, 2017 in news, part 36 offers, personal injuries, service by sally

‘A High Court master has allowed a party’s bid to withdraw a part 36 offer ahead of the new discount rate coming into force on Monday, even though they used a defective method to deliver it.

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Litigation Futures, 23rd March 2017

Source: www.litigationfutures.com

Special Damages for Physiotherapy Costs: Rates Limited to the Charges of the Physiotherapist Offered by the Defendant’s Insurers – Zenith PI Blog

Posted March 23rd, 2017 in costs, damages, insurance, news, personal injuries, physiotherapists, rehabilitation by sally

‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’

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Zenith PI Blog, 22nd March 2017

Source: www.zenithpi.wordpress.com

Sisters sue London hotel where they suffered brutal hammer attack – The Guardian

Posted March 22nd, 2017 in duty of care, hotels, news, personal injuries by sally

‘Three sisters from the United Arab Emirates who were the victims of a brutal hammer attack while on a shopping trip to London are suing the hotel where it happened.’

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The Guardian, 21st March 2017

Source: www.guardian.co.uk

“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by tracey

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

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Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk

NHS trust triples injury payout to £9.3m under controversial new rules – The Guardian

‘The first case settled under controversial new compensation rules for serious injuries has seen an NHS trust forced to nearly triple its payout to a 10-year-old girl left with cerebral palsy from £3.8m to £9.3m.’

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The Guardian, 20th March 2017

Source: www.guardian.co.uk

MPs launch inquiry into government’s personal injury reforms – Legal Futures

‘MPs on the justice select committee have launched a “short” inquiry into the personal injury reforms contained in the Prisons and Courts Bill. The announcement comes ahead of the bill’s second reading – during which the principles behind it will be debated – on Monday.’

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Legal Futures, 17th march 2017

Source: www.legalfutures.com

New evidence links 1970s pregnancy test drug to life-changing birth defects – The Independent

Posted March 20th, 2017 in compensation, documents, medicines, news, personal injuries, pregnancy, victims by tracey

‘New evidence has emerged linking the hormone-based drug Primodos to severe deformities or abnormalities in children, sparking fresh hope for families who have been campaigning for decades for compensation from its manufacturer.’

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The Independent, 19th March 2017

Source: www.independent.co.uk

Crash driver who took selfies with paralysed passenger jailed – The Guardian

‘A driver who paralysed his passenger in a car crash while “showing off” and then took selfies with him as he lay bloodied in the wreckage has been jailed.’

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The Guardian., 15th March 2017

Source: www.guardian.co.uk

First date from hell: Woman’s admirer leaves her unconscious as he flees police after crashing BMW – Daily Telegraph

‘A woman’s first date ended with her being seriously injured when her admirer crashed his car into a tree while showing off to her before fleeing police.’

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Daily Telegraph, 13th March 2017

Source: www.telegraph.co.uk

Church liability: fall from ladder – Law & Religion UK

‘On 3 March 2017, the Court of Appeal (Civil) Division handed down the judgment in Casson v Hudson & Anor [2017] EWCA Civ 125 in relation to a claim for damages following a fall from a ladder during the painting of a church hall. The case highlights the potential liabilities faced by incumbents and PCCs in relation to persons undertaking work on premises for which they are responsible.’

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Law & Religion UK, 8th March 2017

Source: www.lawandreligionuk.com

Legal expenses insurers will pick up the baton as Ministry of Justice whiplash reforms reduce access to justice for many – Litigation Futures

Posted March 2nd, 2017 in insurance, news, personal injuries, small claims by sally

‘Leading legal expenses insurer DAS is predicting an increase in demand for motor legal expenses insurance (MLEI) as a result of the Ministry of Justice’s response to the proposed personal injury reforms announced last week.’

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Litigation Futures, 1st March 2017

Source: www.litigationfutures.com

Adherence to Wells ruling meant discount rate cut was only option, says Truss – Litigation Futures

Posted February 28th, 2017 in consultations, damages, interest, news, personal injuries by tracey

‘The “faithful application” of the principles set down by the House of Lords in Wells v Wells was the reason Lord Chancellor Liz Truss rejected calls to take a “mixed portfolio” approach to setting the discount rate, in a move one leading observer suggested showed “nimble political footwork”.’

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Litigation Futures, 28th February 2017

Source: www.litigationfutures.com

Army widow sues MoD for failing to spot husband’s PTSD – Daily Telegraph

‘An Army widow who suffered five miscarriages after her husband attacked her while suffering from post traumatic stress disorder (PTSD) has launched a legal case against the Ministry of Defence for failing them both.’

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Daily Telegraph, 26th February 2017

Source: www.telegraph.co.uk

New UK laws address driverless cars insurance and liability – OUT-LAW.com

Posted February 24th, 2017 in bills, damages, insurance, news, personal injuries, road traffic by sally

‘Insurers would be primarily responsible for paying out damages stemming from accidents caused by ‘automated vehicles’ under new UK legislation laid before the UK parliament’

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OUT-LAW.com, 23rd February 2017

Source: www.out-law.com

Government presses ahead with whiplash reforms – but gives ground on other PI claims – Legal Futures

‘The small claims limit will rise to £5,000 for whiplash cases, but only £2,000 for other personal injury (PI) claims, the Ministry of Justice (MoJ) announced today in a bid “to crack down on the compensation culture epidemic” – less than seven weeks after its consultation closed.’

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Legal Futures, 23rd February 2017

Source: www.legalfutures.co.uk

Accident victims “forced into rehab by greedy lawyers” – Litigation Futures

‘There are suggestions that some accident victims are being “forced into rehab” by lawyers and claims management companies determined to “boost their own incomes”, an independent report has found.’

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Litigation Futures, 22nd February 2017

Source: www.litigationfutures.com

Jackson watch: fixed recoverable costs review – New Law Journal

Posted February 22nd, 2017 in budgets, costs, damages, negligence, news, personal injuries, proportionality by sally

‘David Pilling records the contributions & discussion points from Jackson LJ’s Manchester roadshow.’

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New Law Journal, 21st February 2017

Source: www.newlawjournal.co.uk

New MIB Untraced and Uninsured Drivers Agreements – Zenith PI Blog

‘The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement:

MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems counter-intuitive. However, from 1 March 2017 that is what MIB will be required to do.

Paul Ryman-Tubb, Chief Technical Officer at MIB said: “Whilst we will deal with these claims in a professional manner, the principle of using honest premium paying motorists money to pay for the damage to an uninsured driver’s car seems crazy.”’

Full story

Zenith PI Blog, 21st February 2017

Source: www.zenithpi.wordpress.com

Expert witnesses: science friction – Law Society’s Gazette

‘Experts and their evidence are under hostile scrutiny amid fears over a decline in standards, reports Grania Langdon-Down.’

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Law Society’s Gazette, 20th February 2017

Source: www.lawgazette.co.uk

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