The £55 court fee that should have been £10,000 – Litigation Futures

‘The fee to bring an unlimited additional claim should be £10,000, rather than the £55 the court office had advised one of the parties in bitter litigation involving two law firms, a judge has ruled.’

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Litigation Futures, 10th February 2021

Source: www.litigationfutures.com

Government undertaking “intensive” review of clinical negligence compensation – Litigation Futures

Posted February 4th, 2021 in compensation, consultations, hospitals, negligence, news, personal injuries by sally

‘The government is undertaking “intensive” work on reshaping the system of compensation for victims of clinical negligence, health minister Nadine Dorries revealed yesterday.’

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Litigation Futures, 3rd February 2021

Source: www.litigationfutures.com

Court of Appeal Considers ‘Lost Years’ Claims in Head v The Culver Heating Co Ltd – Ropewalk Chambers

‘In a judgment handed down on 18 January 2021 in Head v The Culver Heating Co Ltd [2021] EWCA Civ 34, the Court of Appeal unanimously allowed an appeal against the decision of HHJ Melissa Clarke dismissing the Claimant’s “lost years” claim. The judge had dismissed the claim on the basis that the Claimant’s income derived from his successful family business, the profitability of which would continue after his death such that there was no loss. In the Court of Appeal, however, Bean LJ (with whom Males and Andrews LJJ agreed) held that the Claimant’s income was the product of his hard work and flair as opposed to a return on passive investment, such that it should be treated as earnings rather than investment income and was thus recoverable in the “lost years” claim.’

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Ropewalk Chambers, 19th January 2021

Source: www.ropewalk.co.uk

Very Late Applications for Expert Reports: The Key is ‘Significance’ – Ropewalk Chambers

‘In Knapman v Carbines [2020] EWHC 3586 (QB), HHJ Cotter QC considered the balancing exercise to be conducted upon a very late application to rely on an expert report.’

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Ropewalk Chambers, 14th January 2021

Source: www.ropewalk.co.uk

Abuse of Process – Credit hire brought outside of the MOJ portal – Poku v Abedin – Park Square Barristers

Posted January 13th, 2021 in abuse of process, appeals, chambers articles, damages, news, personal injuries by sally

‘This is an appeal in the matter of Poku v Abedin [2020] by the Claimant against a decision by DDJ Omoregie in which a claim for credit hire was struck out on the grounds that the claim was as an abuse of process. The Claimant had previously raised and settled a personal injury claim through the RTA Portal not including the credit hire charges. The appeal was heard on the 8th October 2020 before Her Honour Judge Backhouse sitting in the RCJ.’

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Park Square Barristers, 6th January 2021

Source: www.parksquarebarristers.co.uk

Court denies relief for costs default during first lockdown – Law Society’s Gazette

Posted January 5th, 2021 in coronavirus, costs, law firms, negligence, news, personal injuries, time limits by sally

‘A litigant in a personal injury claim has been penalised for not contesting a costs bill within the allotted time, despite his representatives pleading that their work was affected by the first lockdown.’

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Law Society's Gazette, 5th January 2021

Source: www.lawgazette.co.uk

Council wins appeal over finding of negligence over personal injuries suffered by teaching assistant – Local Government Lawyer

‘A county council has won an appeal over a ruling that it was liable in negligence for personal injuries suffered by a teaching assistant.’

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Local Government Lawyer, 4th January 2021

Source: www.localgovernmentlawyer.co.uk

Covid-related PI claims “gaining momentum”, warns defendant firm – Litigation Futures

‘Claims for compensation after being infected with Covid-19 “appear to be gathering some momentum” amid a significant increase in claims farming activity, a leading defendant law firm has warned.’

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Litigation Futures, 17th December 2020

Source: www.litigationfutures.com

Marketing company fined £250k for personal injury nuisance calls – Legal Futures

Posted December 17th, 2020 in fines, news, nuisance, personal injuries, telecommunications by tracey

‘The Information Commissioner’s Office (ICO) has fined a marketing company £250,000 for making over 365,000 nuisance calls asking people about accidents and pretending to be from their insurer.’

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Legal Futures, 17th December 2020

Source: www.legalfutures.co.uk

Bolton v Stone Revisited – Ropewalk Chambers

‘The seminal case of Bolton v Stone [1951] AC 850 concerned a Claimant on a residential side road who was hit by a ball struck by a batsman on an adjacent cricket ground. The claim ultimately failed. Some 67 years later, the Claimant in Lewis v Wandsworth London Borough Council was walking along the boundary path of a cricket pitch in Battersea Park. She was struck in her left eye by a cricket ball, hit from the game of cricket being played on the pitch. Her claim succeeded before Mr Recorder Riza QC, who distinguished Bolton. Stewart J allowed the Defendant’s appeal and dismissed the claim.’

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Ropewalk Chambers, 30th November 2020

Source: www.ropewalk.co.uk

East Yorkshire hospital trust pays millions over child’s brain damage – BBC News

‘A child who suffered brain damage after a catastrophic fall in blood sugar levels within days of his birth is to get millions of pounds in compensation.’

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BBC News, 3rd December 2020

Source: www.bbc.co.uk

Council wins appeal over award of damages to woman hit by cricket ball in park – Local Government Lawyer

‘The London Borough of Wandsworth has won an appeal over an order requiring it to pay nearly £35,000 in damages and costs to a woman seriously injured by a cricket ball in Battersea park.’

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Local Government Lawyer, 27th November 2020

Source: www.localgovernmentlawyer.co.uk

Successful insurers’ A1P1 claim concerning benefits reimbursement in asbestos claims – UK Human Rights Blog

‘R (o.t.a of Aviva & Swiss Re) v. Secretary of State for Work and Pensions [2020] EWHC 3118 (Admin). At first sight, a rather abstruse dispute, but the 63 page judgment of Henshaw J gives rise to a host of important and difficult human rights points. But his central conclusion is that a statute which was not challengeable at the time of its enactment became so, because of the subsequent evolution of the law, principally common law, to the detriment of insurers.’

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UK Human Rights Blog, 25th November 2020

Source: ukhumanrightsblog.com

The Cautionary tale of the postman, the application for relief and not enough money? Diriye v Bojaj [2020] EWCA Civ 1400 – Park Square Barristers

‘This credit hire appeal case was heard in the Court Of Appeal on 15 October 2020 with judgment being handed down on 4 November. It was heard by Lord Justice Coulson who gave the leading judgment, Lady Justice Davies and Lady Justice Rose agreeing.’

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Park Square Barristers, 13th November 2020

Source: www.parksquarebarristers.co.uk

Diriye v Bojaj [2020] EWCA Civ 1400: ‘Signed For’ deliveries and deemed service – Littleton Chambers

‘In Diriye v Bojaj [2020] EWCA Civ 1400, the Court of Appeal handed down an important judgment clarifying the scope of the deemed service provisions in CPR 6.26 in the context of signed for deliveries. The Court held that a “Signed For 1st Class” delivery would still be deemed served “on the second day after it was posted” in accordance with CPR 6.26, regardless of the date on which it was actually signed for and received.’

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Littleton Chambers, 11th November 2020

Source: littletonchambers.com

A Costly Lesson? A discussion of the decision in Belsner v Cam Legal Services Limited [2020] EWHC 2755 (QB) – Parklane Plowden Chambers

‘Lavender J has held that solicitors cannot rely upon CPR 46.9(2) to recover more from a client than could have been recovered between parties in the proceedings, unless they can show that the client provided informed consent. The decision potentially has far-reaching consequences for the use of conditional fee agreements (“CFAs”).’

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Parklane Plowden Chambers, 20th November 2020

Source: www.parklaneplowden.co.uk

Still no rules but full steam to April for whiplash reforms, says MoJ – Legal Futures

‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’

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Legal Futures, 24th November 2020

Source: www.legalfutures.co.uk

Claimant lawyers urge Lord Chief to step in on whiplash reforms – Legal Futures

‘Claimant personal injury lawyers have turned to the Lord Chief Justice to support an urgent review of the government’s proposed tariff of damages for next April’s whiplash reforms.’

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Legal Futures, 18th November 2020

Source: www.legalfutures.co.uk

Lessons for property lawyers from ‘holiday illness’ claim : Is the Court obliged to accept ‘unopposed’ expert evidence? – Hardwicke Chambers

Posted November 17th, 2020 in evidence, expert witnesses, news, personal injuries by sally

‘The High Court appeal in Griffiths v TUI [2020] EWHC 2268 handed down in August 2020 has been much remarked on by personal injury lawyers, but the decision is also of interest for cases in the business and property courts, as it places a significant restriction on the role of the Court in cases of “unopposed” expert evidence.’

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Hardwicke Chambers, 4th November 2020

Source: hardwicke.co.uk

Three for the Price of One: A Case Note on Diriye v Bojaj – Ropewalk Chambers

Posted November 10th, 2020 in delay, news, personal injuries, postal service, sanctions, service by sally

‘Diriye v Bojaj [2020] EWCA Civ 1400, handed down on 4 November 2020, was a procedural appeal in a credit hire case. It raised a point about pleading allegations of impecuniosity in such cases alongside two points of wider application: whether the Royal Mail “Signed For 1st Class” service is covered by the description “First class post (or other service which provides for delivery on the next business day)” in CPR 6.26; and the proper approach to applications for relief from sanctions under CPR 3.9.’

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Ropewalk Chambers, 5th November 2020

Source: www.ropewalk.co.uk