‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’
Legal Futures, 30th November 2022
Source: www.legalfutures.co.uk
‘The costs recovery outfit chasing personal injury firms on behalf of former clients has suffered another body blow through a new losing court judgment.’
Law Society's Gazette, 11th November 2022
Source: www.lawgazette.co.uk
‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’
Law Society’s Gazette, 28th October 2022
Source: www.lawgazette.co.uk
‘Personal Injuries Bar Association – Richard Davies Lecture 2022.’
Courts and Tribunals Judiciary, 26th October 2022
Source: www.judiciary.uk
‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’
Law Society’s Gazette, 27th October 2022
Source: www.lawgazette.co.uk
‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’
Guildhall Chambers, 13th October 2022
Source: www.guildhallchambers.co.uk
‘In another step forward, the use of Instrumented Mouthguards (iMGs) is being included by the RFU in their mission to reduce players’ risk of concussion.’
Ropewalk Chambers, 19th October 2022
Source: www.ropewalk.co.uk
‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’
Gatehouse Chambers, 11th October 2022
Source: gatehouselaw.co.uk
‘The ability of lay clients to understand the Law Society’s model conditional fee agreement was questioned by three of the most senior judges in England and Wales yesterday in a much-awaited Court of Appeal hearing.’
Law Society's Gazette, 5th October 2022
Source: www.lawgazette.co.uk
‘The Ministry of Justice (MoJ) has rejected a call for an early review of the tariff for the Official Injury Claim portal, although personal injury solicitors are continuing to lobby for it.’
Legal Futures, 29th September 2022
Source: www.legalfutures.co.uk
‘A former client who threatened his solicitors with legal action over deductions from his damages has been told he cannot pursue the case.’
Law Society's Gazette, 14th September 2022
Source: www.lawgazette.co.uk
‘There is a paucity of reported decisions addressing the question of what the applicable standard of care is in cases involving negligent medical treatment carried out outside of the UK. There is considerable authority on the applicable standard of care in cases involving accidents occurring during package holidays to foreign destinations. It is a firmly established principle that the court must consider in the first instance, the local prevailing standards (in the place where the accident occurred) in determining whether there has been a breach of duty. Whilst compliance with local standards is not necessarily determinative (such as in cases where for no justifiable reason, those standards fall so far below internationally accepted or English standards that the court must look to other evidence to determine the appropriate standard); prevailing local standards is a very important signpost (for further discussion see the author’s review of the judgment in TUI v Morgan [2021] PIQR P12. Is the same approach taken by the court in cases involving negligent medical treatment performed abroad? This was an issue that was considered by Foster J in the case of Clarke v Kalecinski [2022] EWHC 488 (QB).
Ropewalk Clinical Negligence Blog, 18th August 2022
Source: www.ropewalk.co.uk
‘Thousands of victims of the infected blood scandal will each receive an interim compensation payment of £100,000.’
gov.uk, 17th August 2022
Source: www.gov.uk
‘On Friday 22 July 2022, Johnson J handed down judgment in Power v Bernard Hastie & Company Ltd & others [2022] EWHC 1927 (QB) in respect of an application for an order for substitution made by the executor of the deceased’s estate. The judgment provides High Court authority for the proposition that a claimant’s right to seek further damages under a PDO passes, on their death, to their estate, a finding previously made by HHJ Roberts in his judgment in Guilfoyle v North Middlesex University Hospitals NHS Trust (County Court at Central London, 4 April 2018).’
Ropewalk Chambers, 1st August 2022
Source: www.ropewalk.co.uk
‘Little progress has been made in the plan to take test cases of so-called mixed claims from the Official Injury Claim (OIC) portal to the Court of Appeal, it admitted yesterday.’
Legal Futures, 4th August 2022
Source: www.legalfutures.co.uk
‘Lawyers must take note of a court’s refusal to allow multiple claimants with widely differing claims to use a single claim form, a legal expert has warned.’
OUT-LAW.com, 27th July 2022
Source: www.pinsentmasons.com
‘Victims of accidents involving illegally ridden e-scooters face an unnecessarily arduous battle for compensation, according to a report calling for legalisation and regulation for the battery-powered vehicles.’
Law Society's Gazette, 25th July 2022
Source: www.lawgazette.co.uk
‘A legal case involving a group of rugby players diagnosed with early-onset dementia and other irreversible neurological impairments now looks destined for the courts. Proceedings are to be issued by Rylands Law on behalf of a group of professional and semi-professional players against World Rugby, the Rugby Football Union and the Welsh Rugby Union.’
The Guardian, 25th July 2022
Source: www.theguardian.com
‘The High Court has blocked a firm’s latest attempt to issue multiple different claims through the same claim form.’
Law Society's Gazette, 15th July 2022
Source: www.lawgazette.co.uk
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