Insurers hail ruling that credit hire company was the ‘real instigator’ of claim – Law Society’s Gazette

Posted July 23rd, 2024 in accidents, claims management, costs, insurance, news, road traffic by tracey

‘Insurers have hailed a county court judgment on credit hire – the provision of a temporary vehicle by a claims management company in an RTA claim – as a significant turning point on costs liability.’

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Law Society's Gazette, 22nd July 2024

Source: www.lawgazette.co.uk

What restrictions are placed on defendants in climate protest trials? – The Guardian

‘The chaotic scenes inside and outside court at the trial of five people accused of conspiring to block traffic on the M25 in 2022 have highlighted restrictions placed on defendants in a number of climate protest trials that people are seeking to challenge, but risk falling foul of the law as they seek to do so. Here the Guardian explains the basis of the restrictions and why they are so contentious.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

Just Stop Oil activists found guilty of conspiring to block M25 traffic – The Guardian

‘Five environmental activists are facing long sentences after they were found guilty of conspiring to block traffic on the M25, after a trial in which the defendants were arrested various times for defying the court.’

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The Guardian, 11th July 2024

Source: www.theguardian.com

High Court dismisses fundamentally dishonest £6.4m PI claim – Legal Futures

‘A man seriously injured in a motorbike crash “has only himself to blame” after his £6.4m claim was dismissed in the biggest case to date where fundamental dishonesty was found.’

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Legal Futures, 4th July 2024

Source: www.legalfutures.co.uk

Allegation of Fundamental Dishonesty? No Interim Payment Permitted – Parklane Plowden Chambers

‘In this case, the claimant brought a claim for serious injuries arising from a RTA in January 2019. As a consequence, the claimant suffered severe brain injury which he alleged caused a lack of capacity.’

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Parklane Plowden Chambers, 8th May 2024

Source: www.parklaneplowden.co.uk

Allege and Fail to Prove Fundamental Dishonesty? A ‘Significant Risk’ You’ll Pay Indemnity Costs – Parklane Plowden Chambers

‘In this case, the claimants brought a claim arising from a RTA in May 2017.
Liability was in issue. The claimants alleged the defendant driver had driven his van into their car; whereas the defendant driver alleged that the claimant driver drove from a parked position into the side of his van. The defence pleaded that the claimants’ credibility and honesty would be challenged at trial.’

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Parklane Plowden Chambers, 30th May 2024

Source: www.parklaneplowden.co.uk

OAC’s case – the need to “wait and see” before attempting settlement – Exchange Chambers

Posted June 13th, 2024 in accidents, chambers articles, children, compensation, news, road traffic by sally

‘This case was recently approved following a joint settlement meeting where the terms of settlement were that the Claimant (C), a protected party, was to be compensated by the payment of the lump sum of £4.5 million. The date of accident was in 2005. C met with her accident as the infant back seat passenger restrained in a child seat, when a car driven by her father was involved in a collision with a lorry. C’s father was severely brain injured in the accident. C at the time was only 15 months old, she was born in 2004, she is now 20 years old. Proceedings were issued in March 2013.’

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Exchange Chambers, 31st May 2024

Source: www.exchangechambers.co.uk

Review of whiplash tariff concluded – but may not be published – Legal Futures

‘The Lord Chancellor has completed his review of the whiplash tariff but it is unclear whether the plan to publish it in early June will now happen because of the election.’

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Legal Futures, 24th May 2024

Source: www.legalfutures.co.uk

Woman who caused cyclist to fall into car’s path has manslaughter conviction quashed – The Guardian

Posted May 9th, 2024 in appeals, bicycles, disabled persons, homicide, news, road traffic by sally

‘A woman who shouted and waved at a cyclist, causing her to fall into the path of a moving car, has had her manslaughter conviction overturned.’

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The Guardian, 8th May 2024

Source: www.theguardian.com

The Supreme Court hands down definitive guidance on calculating damages in ‘mixed’ claims: Hassam & Anor v Rabot & Anor [2024] UKSC 11 – 7BR

‘On 31 May 2021, the Whiplash Injury Regulations 2021 (SI 2021/642) came into force, transforming the landscape for personal injury claimants with whiplash injuries in motor vehicle accidents. For claims accruing after that date, the regulations limited the recoverable damages for pain, suffering, and loss of amenity (‘PSLA’) to amounts set out in a tariff.’

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7BR, 5th April 2024

Source: www.7br.co.uk

Quantifying whiplash and non-whiplash injuries in RTA claims – Becket Chambers

‘The Supreme Court recently considered the correct approach to quantum of general damages for PSLA in claims concerning whiplash and non-whiplash injuries.’

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Becket Chambers, 5th April 2024

Source: becket-chambers.co.uk

“A racket” – judge hits out at hidden commissions in PI cases – Legal Futures

Posted April 18th, 2024 in costs, expert witnesses, fees, news, personal injuries, road traffic by sally

‘A circuit judge has attacked the “little micro-industry of unknown and unknowable commissions or referral or arrangement fees” in personal injury claims.’

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Legal Futures, 18th April 2024

Source: www.legalfutures.co.uk

Claimant lawyers ordered to pay half the costs of a fundamentally dishonest personal injury claim – Law Society’s Gazette

‘A defendant firm has hailed a rare court decision where a claimant’s lawyers were ordered to pay towards the costs of a fundamentally dishonest claim.’

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Law Society's Gazette, 28th March 2024

Source: www.lawgazette.co.uk

Government rejects multiple calls to reform whiplash claims process – Legal Futures

‘The Ministry of Justice (MoJ) has rejected all but some technical changes to the Official Injury Claim (OIC) portal put forward by both claimant and defendant representatives.’

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Legal Futures, 19th March 2024

Source: www.legalfutures.co.uk

Credit hire firm “voluntarily assumed” risk of claimants being dishonest – Legal Futures

Posted March 12th, 2024 in accidents, costs, insurance, news, personal injuries, road traffic by tracey

‘A High Court judge has refused to overturn a non-party costs order (NPCO) against a credit hire company, saying the firm “voluntarily assumed the risk” of the claimants turning out to be dishonest.’

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Legal Futures, 12th March 2024

Source: www.legalfutures.co.uk

Ministers to consult on doubling legal wattage of electric bike motors – The Guardian

Posted February 29th, 2024 in consultations, electricity, news, road safety, road traffic by sally

‘Ministers are to consult on doubling the legal wattage of electric bike motors, despite concerns over road safety and the risk of deadly fires caused by batteries.’

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The Guardian, 29th February 2024

Source: www.theguardian.com

ABI urges extension of injury damages tariff beyond whiplash – Legal Futures

Posted February 28th, 2024 in accidents, damages, insurance, news, personal injuries, road traffic by sally

‘The fixed tariff for whiplash claims should be extended to other injuries to help reduce motor insurance premiums, the Association of British Insurers (ABI) argued yesterday.’

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Legal Futures, 28th February 2024

Source: www.legalfutures.co.uk

Supreme Court rules that insurer should pay victim’s car hire losses – Law Society’s Gazette

Posted February 19th, 2024 in accidents, appeals, compensation, damages, insurance, news, road traffic, Supreme Court by tracey

‘An at-fault driver is liable for losses agreed in advance between a claimant and her hire car company, the Supreme Court has ruled.’

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Law Society's Gazette, 15th February 2024

Source: www.lawgazette.co.uk

MoJ launches call for evidence on whiplash tariff – Legal Futures

‘The Ministry of Justice (MoJ) has launched a call for evidence on the whiplash tariff to inform the statutory review of the figures that it is required to carry out.’

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Legal Futures, 7th February 2024

Source: www.legalfutures.co.uk

New law requires 22% of cars sold in UK to be zero-emission – The Independent

Posted January 4th, 2024 in electricity, news, pollution, road traffic, transport by sally

‘New rules requiring car manufacturers to sell a minimum proportion of zero-emission vehicles has come into force, according to the government’s Department for Transport (DfT).’

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The Independent, 4th January 2024

Source: www.independent.co.uk