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

Fixed Costs: The Impact of Contributory Negligence on Trial Advocacy Fees – No. 5 Chambers

Posted June 2nd, 2020 in civil procedure rules, contribution, costs, negligence, news, road traffic by sally

‘CPR 45.29C sets out the amount of fixed costs payable in Fast Track claims where a claim no longer continues under the RTA Protocol. Where a claim is disposed of at trial, costs of £2,655.00 are payable, alongside 20% of the damages agreed or awarded and the relevant trial advocacy fee. The protocol for EL/PL claims works in a similar way. It is trite that where the claim settles at Court on the day listed for trial, the advocacy fee is still payable.’

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No. 5 Chambers, 18th May 2020

Source: www.no5.com

Welding company fined £450k over fatigued workers’ crash – BBC News

Posted May 14th, 2020 in accidents, fines, health & safety, news, road traffic by sally

‘A welding company has been fined £450,000 after two of its fatigued employees died in a car crash.’

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BBC News, 13th May 2020

Source: www.bbc.co.uk

Harry Dunn crash: Anne Sacoolas extradition refusal ‘final’ – BBC News

Posted May 12th, 2020 in accidents, diplomats, extradition, immunity, news, road traffic by sally

‘The US has said its decision to refuse an extradition request for Harry Dunn’s alleged killer was final.’

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BBC News, 12th May 2020

Source: www.bbc.co.uk

Whiplash reforms delayed until April 2021 – Legal Futures

Posted April 22nd, 2020 in accidents, coronavirus, damages, delay, news, personal injuries, road traffic by sally

‘The whiplash reforms have been delayed until April 2021 due to the coronavirus crisis, the Lord Chancellor announced today.’

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Legal Futures, 21st April 2020

Source: www.legalfutures.co.uk

UK drivers win first round in VW ‘dieselgate’ case – BBC News

‘Thousands of UK motorists have won the first stage of a High Court action against Volkswagen over the installation of emissions cheating devices in its diesel vehicles.’

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BBC News, 6th April 2020

Source: www.bbc.co.uk

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