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

Rashid v Chief Constable of West Yorkshire Police [2020] EWHC 2522 (QB), [2020] All ER (D) 02 (Oct) – Parklane Plowden Chambers

Posted November 19th, 2020 in accidents, evidence, insurance, necessity, news, police, road traffic, wrongful arrest by sally

‘The court held that whereas reasonable grounds for suspecting someone has committed an offence sets a low evidential hurdle, the second requirement for an arrest to be lawful (for the Police to prove that there were reasonable grounds to believe the arrest was “necessary”) sets a comparatively high evidential hurdle and the police could not objectively evidence that the arrest was “necessary” when the GP would have been prepared to voluntarily attend the police station and the reasons given by the Police for the “necessity” of arresting the GP were baseless.’

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Parklane Plowden Chambers, 11th November 2020

Source: www.parklaneplowden.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

Met Police traffic stops to be reviewed as part of Action Plan – BBC News

‘Mayor of London Sadiq Khan has called for police traffic stops to be reviewed to look at whether black people are disproportionately affected by some police tactics.’

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BBC News, 13th November 2020

Source: www.bbc.co.uk

Claim for special accommodation – Law Society’s Gazette

Posted November 10th, 2020 in accidents, damages, disabled persons, housing, news, personal injuries, road traffic by sally

‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’

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Law Society's Gazette, 9th November 2020

Source: www.lawgazette.co.uk

Number of motor claims stays low over last three months – Litigation Futures

Posted October 21st, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The collapse in new motor injury claims seen during lockdown continued in the following three months, despite more cars returning to the road.’

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Litigation Futures, 20th October 2020

Source: www.litigationfutures.com

Legalise e-scooters in UK as alternative to short car trips, MPs say – The Guardian

‘MPs have called on the government to legalise e-scooters in the UK and advertise them to car drivers as a greener alternative for short journeys.’

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The Guardian, 2nd October 2020

Source: www.theguardian.com

ABI: Claims dived during lockdown but their value went up – Litigation Futures

Posted September 7th, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers (ABI).’

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Litigation Futures, 4th September 2020

Source: www.litigationfutures.com

“Unconscionable” for defendant to benefit from portal mistake – Litigation Futures

Posted August 25th, 2020 in accidents, compensation, mistake, news, personal injuries, road traffic, small claims by sally

‘The overriding objective means that defendants can be prevented from taking advantage of claimant errors to achieve lower settlements in RTA portal cases, a judge has ruled.’

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Litigation Futures, 24th August 2020

Source: www.litigationfutures.com

Steep fall in injury claims during lockdown – Litigation Futures

‘There was a 38% fall in the number of injury claims registered with the Compensation Recovery Unit (CRU) during the first three months of lockdown, government figures have confirmed.’

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Litigation Futures, 20th August 2020

Source: www.litigationfutures.com

High Court overturns ruling that claimant was not fundamentally dishonest – Litigation Futures

Posted August 11th, 2020 in accidents, costs, evidence, news, personal injuries, road traffic by sally

‘The High Court has overturned a ruling that a claimant who defeated an argument that a car accident he was involved in was bogus, but lied about his injuries, was not fundamentally dishonest.’

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Litigation Futures, 11th August 2020

Source: www.litigationfutures.com

Court rules £2.2m claim was abuse of process but will live on – Law Society’s Gazette

‘The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim, despite concluding it was issued inappropriately and there had been an abuse of process.’

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Law Society's Gazette, 4th August 2020

Source: www.lawgazette.co.uk

CA reinstates £2.6m that languished in RTA portal for four years – Litigation Futures

‘The Court of Appeal has overturned a decision to strike out a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it to the multi-track.’

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Litigation Futures, 4th August 2020

Source: www.litigationfutures.com

Andrew Bunting -v- Zurich Insurance Plc [2020] EWHC 1807 (QB): Case Comment – 12 King’s Bench Walk

Posted July 28th, 2020 in accidents, damages, deposits, insurance, news, road traffic by sally

‘Bunting -v- Zurich is an important appeal decision of Pepperall J in the High Court sitting at Birmingham which will likely have a significant impact on the credit hire industry. The decision provides helpful guidance on the merits of the various arguments raised in relation to perceived inadequacies of basic hire rates. This case comment considers the appeal and looks at how County Courts have been responding to the judgment.’

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12 King's Bench Walk, 24th July 2020

Source: www.12kbw.co.uk

Rental e-scooters to be made legal on roads in Great Britain from Saturday – BBC News

Posted July 1st, 2020 in coronavirus, local government, news, road safety, road traffic, transport by sally

‘Rental e-scooters will become legal on roads in Great Britain from Saturday, in a bid to ease pressure on public transport amid the coronavirus crisis.’

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BBC News, 30th June 2020

Source: www.bbc.co.uk

Nurse who paralysed man in Silsden crash spared jail – BBC News

‘A nurse who had a hypoglycaemic attack, causing a crash which left a pedestrian paralysed, has been spared jail.’

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BBC News, 20th June 2020

Source: www.bbc.co.uk

Lawsuit alleges defeat devices in Nissan petrol cars – BBC News

Posted June 23rd, 2020 in news, pollution, road traffic by sally

‘Up to 1.4 million Renault and Nissan vehicles sold in Britain could be equipped with illegal defeat devices, according to a lawsuit being launched today.’

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BBC News, 23rd June 2020

Source: www.bbc.co.uk