MoJ: Three months is enough to prepare for whiplash reforms – Legal Futures

‘Three months should be enough time for personal injury law firms and defendant insurers to be ready for the whiplash reforms, the government official leading the work said yesterday.’

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Legal Futures, 3rd March 2020

Source: www.legalfutures.co.uk

Nottinghamshire driver jailed for killing RAC worker fixing van – BBC News

‘A driver who killed a recovery worker while he was repairing a broken-down vehicle has been jailed for 12 months.’

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BBC News, 27th February 2020

Source: www.bbc.co.uk

Harry Dunn lawyers call for High Court to publish US secret immunity papers – The Guardian

‘Lawyers acting for a teenager who died after a collision with a car allegedly driven by an American woman want the High Court to publish a secret document protecting her from prosecution.’

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The Guardian, 1st March 2020

Source: www.theguardian.com

Whiplash reforms delayed as MoJ removes claimants’ safety net – Law Society’s Gazette

‘Justice secretary Robert Buckland QC MP has finally confirmed that the RTA portal for whiplash claims is being delayed.’

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Law Society's Gazette, 27th February 2020

Source: www.lawgazette.co.uk

Supreme Court spurns insurers’ appeal over injuries on private land – Law Society’s Gazette

‘The Supreme Court has confirmed that insurers can be liable for accidents on private land even where the driver is not covered – but the long-running issue may not be over yet.’

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Law Society's Gazette, 20th February 2020

Source: www.lawgazette.co.uk

Disapplying fixed costs because of unreasonable behaviour – Hardwicke Chambers

Posted February 11th, 2020 in costs, disclosure, news, road traffic, striking out by sally

‘In a fixed costs RTA claim for credit hire, D alleged that C had failed to comply with an Unless Order to provide specific disclosure, and applied to strike out the claim.’

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Hardwicke Chambers, 5th February 2020

Source: hardwicke.co.uk

Credit hire – financial losses of self-employed drivers – KCH Garden Sq

Posted February 11th, 2020 in accidents, damages, news, road traffic, self-employment, taxis by sally

‘Claims concerning credit hire charges appear before the courts on a daily basis. It is vital for litigators in this field to be familiar with the decision of the High Court of Justice in late 2019, in Humayum Hussain v EUI Limited [2019] EWHC 2647 (QB); [2019] 10 WLUK 152, (‘Hussain’). The principles detailed in the judgment are applicable to self-employed drivers, including but not limited to, chauffeurs, delivery drivers and hauliers.’

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KCH Garden Sq, 7th February 2020

Source: kchgardensquare.co.uk

New setback in race to begin whiplash reform in April – Legal Futures

‘The Civil Procedure Rule Committee last week put off approving the rules for the new whiplash portal until next month, it is understood, making the April start-date all-but impossible.’

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Legal Futures, 10th February 2020

Source: www.legalfutures.co.uk

Why do some people fear change to e-scooter laws? – BBC News

Posted February 6th, 2020 in consultations, motorcycles, news, road safety, road traffic by sally

‘The government is to hold a consultation on the use of e-scooters, currently banned on public roads, pavements and cycle lanes. Campaigners have called for tighter regulations, but would people welcome a law change?’

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BBC News, 6th February 2020

Source: www.bbc.co.uk

Courts “more willing” to rule on fundamental dishonesty – Litigation Futures

Posted January 22nd, 2020 in accidents, appeals, courts, deceit, disclosure, fraud, news, road traffic by sally

‘There are signs that courts are more willing to make findings of fundamental dishonesty when they reject claimants’ cases, a leading defendant firm has suggested.’

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Litigation Futures, 21st January 2020

Source: www.litigationfutures.com

Bateman v Devon CC (HHJ Mitchell, Plymouth CC, 2nd September 2019): Falling in between the portals – Guildhall Chambers

Posted January 21st, 2020 in costs, news, personal injuries, road traffic, statutory interpretation by sally

‘The facts of the case were straightforward. The Claimant was riding his motorcycle along a road for which the Local Authority were responsible when he fell and injured himself as a result of a pothole. A claim was brought against the Local Authority. Liability was denied, but after proceedings were served the case settled for a sum of £800.’

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Guildhall Chambers, 17th January 2020

Source: www.guildhallchambers.co.uk

Finding of Fundamental Dishonesty Against Claimant and Defendant Driver (Wise v Hegarty and Alpha Insurance) – 39 Essex Chambers

Posted January 9th, 2020 in evidence, fraud, insurance, internet, news, personal injuries, road traffic by sally

‘Personal injury analysis: Convincing telematics evidence, coupled with evidence of social media links between the claimant and defendant, was sufficient for a road traffic accident claim to be dismissed and findings of fundamental dishonesty to be made against both the claimant and first defendant. Fundamental dishonesty will be pursued by an insurance company even if the finding is made against their own insured. Emily Formby discusses the case for Lexis PSL.’

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39 Essex Chambers, 7th January 2020

Source: www.39essex.com

Speeding motorcyclist who killed pedestrian spared jail because he was being tailgated – Daily Telegraph

Posted December 3rd, 2019 in accidents, bereavement, dangerous driving, news, road safety, road traffic by tracey

‘A motorcyclist who killed a pedestrian while speeding escaped jail after a judge accepted that a tailgating motorist meant he could not slow down.’

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Daily Telegraph, 2nd December 2019

Source: www.telegraph.co.uk

Harry Dunn’s family starts legal action against Foreign Office – The Guardian

Posted November 28th, 2019 in diplomats, government departments, immunity, judicial review, news, road traffic by sally

‘The family of teenage motorcyclist Harry Dunn have launched a legal action against the Foreign Office which they said could cost them “upwards of £50,000”.’

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The Guardian, 28th November 2019

Source: www.theguardian.com

CA: Part 36 offer did not contract out of fixed costs – Litigation Futures

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘A defendant who settles a claim that leaves the RTA protocol with a part 36 offer including the usual wording about paying costs on the standard basis is not contracting out of fixed costs, the Court of Appeal has ruled.’

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Litigation Futures, 19th November 2019

Source: www.litigationfutures.com

Appeal court re-establishes fixed costs for claim headed to multi-track – Law Society’s Gazette

Posted November 20th, 2019 in costs, news, part 36 offers, road traffic by sally

‘The Court of Appeal has ruled that claimant solicitors should settle for fixed costs in a ruling that could send shivers through the claims sector.’

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Law Society's Gazette, 19th November 2019

Source: www.lawgazette.co.uk

Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB) – St John’s Buildings

Posted November 19th, 2019 in accidents, costs, disclosure, insurance, news, personal injuries, road traffic by sally

‘This appeal and cross appeal were about a road traffic accident that the Defendant alleged had been staged. Ultimately, the Defendant succeeded in demonstrating that the Claimant had presented a claim that was fundamentally dishonest, albeit that the Court found that his dishonesty related to quantum rather than liability.’

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St John's Buildings, 5th November 2019

Source: stjohnsbuildings.com

Trustees of Sikh Temple charity fail in High Court challenge to traffic management order – Local Government Lawyer

Posted November 11th, 2019 in charities, consultations, equality, local government, news, road traffic, Sikhism by sally

‘A High Court judge has rejected a legal challenge brought over the Royal Borough of Kensington & Chelsea’s decision to make a traffic management order imposing additional parking restrictions in an area with a Sikh Temple.’

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Local Government Lawyer, 11th November 2019

Source: www.localgovernmentlawyer.co.uk

Anna Wilkinson discusses Failing to disclose credit cards amounts to fundamental dishonesty in credit hire claim – Park Square Barristers

‘The recently decided appeal of Mansur Haider v DSM Demolition Ltd [2019] EWHC 2712 (QB), is an interesting case and will be useful to practitioners who deal with road traffic matters, both on the finding in respect of liability and the finding of fundamental dishonesty.’

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Park Square Barristers, 31st October 2019

Source: www.parksquarebarristers.co.uk

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com