Drug dealer wins car crash compensation battle – Daily Telegraph
‘High Court rules British laws on uninsured drivers are ‘in plain breach’ of European Union directives.’
Daily Telegraph, 3rd June 2014
Source: www.telegraph.co.uk
Category: personal injuries
Queen’s Speech: Good deeds ‘to be backed by law’ – BBC News
‘Extra legal protection is to be given to people carrying out good deeds, volunteering or planning local events who end up being involved in liability claims, the government has announced.’
BBC News, 2nd June 2014
Source: www.bbc.co.uk
Teacher paid £23,000 compensation for slipping in puddle – Daily Telegraph
‘A teacher won a case for £23,000 in compensation after claiming to have suffered injuries after slipping in a puddle at school.’
Daily Telegraph, 27th May 2014
Source: www.telegraph.co.uk
High Court issues proportionality ruling – Litigation Futures
‘A costs judge is entitled to consider if individual items of costs claimed are proportionate and necessary even if the costs of the litigation overall appear proportionate, the High Court has decided in the first ruling on the issue.’
Litigation Futures, 16th May 2014
Source: www.litigationfutures.com
Exaggerated symptoms see claimant lose QOCS protection in first ‘fundamental dishonesty’ decision – Litigation Futures
‘A circuit judge has ruled that a personal injury claimant who exaggerated the extent of his ongoing symptons should be denied the protection of qualified one-way costs shifting (QOCS) on the grounds that the claim was “fundamentally dishonest”.’
Litigation Futures, 14th May 2014
Source: www.litigationfutures.com
Top police officer blames £11,000 crime spree on brain injury – Daily Telegraph
‘A senior police officer who carried out a series of frauds on high street stores and travel companies blamed her crime spree on a brain injury as she was jailed for two and a half years.’
Daily Telegraph, 6th May 2014
Source: www.telegraph.co.uk
New APIL president blames non-legally qualified lord chancellor for harsh reforms – Litigation Futures
‘A legally qualified Lord Chancellor would not have put in place the recent personal injury changes and court fee reform proposals, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’
Litigation Futures, 6th May 2014
Source: www.litigationfutures.com
Judge’s despair as costs hit £16,000 in dispute over £15 – Litigation Futures
‘A district judge has been driven to despair as solicitors cranked up over £16,000 in costs in a dispute over an outstanding amount of only £15.’
Litigation Futures, 1st May 2014
Source: www.litigationfutures.com
Settlements approved for families of 10 children made seriously ill by Godstone Farm E. coli outbreak – The Independent
‘Families of the 10 young children most seriously affected by Britain’s worst E. coli farm outbreak were approved settlements today, closing the door on an incident that the parents described as “a living nightmare for all”.’
The Independent, 1st May 2014
Source: www.independent.co.uk
Claimant groups: 85% of injured workers not compensated – Law Society’s Gazette
‘More than 85% of people injured or made ill at work do not recover any compensation, a new report has stated.’
Law Society’s Gazette, 16th April 2014
Source: www.lawgazette.co.uk
Judge orders toddler to be returned to parents after nearly a year in care – Daily Telegraph
‘A little boy who suffered brain injuries after falling from a bed should be returned to his parents after being taken into care nearly a year ago amid, the High Court has ruled.’
Daily Telegraph, 31st March 2014
Source: www.telegraph.co.uk
Judge refuses whiplash damages as he criticises Britain’s ‘compensation culture’ – Daily Telegraph
‘Britain’s compensation culture is a “national phenomenon,” a High Court judge said as he refused to grant damages to two women to “stem the tide” of fake insurance claims.’
Daily Telegraph, 26th March 2014
Source: www.telegraph.co.uk
The Savile Estate Saga – Sovereign Chambers
‘Jimmy Savile died on 29 October 2011. The current value of his estate, after allowing for a range of expenses that have been incurred, was about £3.3 million. Jimmy Savile left a will. The executor of the will and Jimmy Savile’s personal representative was National Westminster Bank plc (“the Bank”). Various individuals were named in the will as beneficiaries (“the individual beneficiaries”). These included a small number of close relatives and friends, each of whom was given a relatively modest bequest. However, under the will, the bulk of the residue of Jimmy Savile’s estate was left to the Jimmy Savile Charitable Trust (“the Trust”). That Trust was intended to serve a number of very worthwhile and valid charitable causes, including Help for Heroes.’
Sovereign Chambers, 19th March 2014
Source: www.sovereignchambers.co.uk
Dunhill v Burgin (Nos 1 and 2) – WLR Daily
Dunhill v Burgin (Nos 1 and 2): [2014] UKSC 18; [2014] WLR (D) 122
‘The test of capacity to conduct proceedings for the purpose of CPR Pt 21 was the capacity to conduct the claim or cause of action which the claimant in fact had, rather than the claim as formulated by her lawyers. A consent order based on the settlement of a claim by a claimant who lacked capacity and did not have a litigation friend was not valid even though the claimant was legally represented.’
WLR Daily, 12th March 2014
Source: www.iclr.co.uk
Teacher paid £230,000 compensation after slipping in ketchup – Daily Telegraph
‘The claim is one of £1 million worth of compensation payments made to injured teachers by Essex County Council.’
Daily Telegraph, 4th March 2014
Source: www.telegraph.co.uk
Wall v Mutuelle de Poitiers Assurances – WLR Daily
Wall v Mutuelle de Poitiers Assurances [2014] EWCA 12; [2014] WLR (D) 86
‘Where a cyclist had been run down in France and brought proceedings in the English courts seeking damages for personal injury, the question whether there should be one single joint expert, or more than one expert pursuant to CPR Pt 35, was a matter of “evidence and procedure” within the meaning of article 1(3) of Parliament and Council Regulation (EC) No 864/2007. Therefore the question of which expert evidence the court should order fell to be determined in accordance with English and not French law.’
WLR Daily, 20th February 2014
Source: www.iclr.co.uk
These Things Take Time – Zenith Chambers
‘On 11th December 2013 the Court of Appeal gave judgment in Davidson v Aegis [2013] EWCA Civ 1586. The case provides a useful and up to date reminder of the applicable principles when a Court is asked to use section 33 of the Limitation Act 1980 to disapply the primary limitation period in a personal injuries action.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
Fact or Friction – Horner v Norman – Zenith Chambers
‘It can be difficult at the best of times to establish liability in claims involving pedestrians. Expert evidence should, hopefully, make the task easier, but this case is a useful reminder that even seemingly robust expert evidence may not be enough for a party to succeed.’
Zenith Chambers, 5th February 2014
Source: www.zenithchambers.co.uk
