Excluding a party from Court in fraudulent claims – Zenith PI Blog

Posted July 22nd, 2016 in fraud, insurance, news, road traffic, witnesses by sally

‘There is a common trend in County Courts up and down the country for witnesses to be excluded from the courtroom during the evidence of another witness and/or a party when there are allegations of fraud or collusion, commonly in relation to a road traffic accident. The pragmatic rationale for such an approach is quite clear- if witness X hears what the Claimant says in cross examination, X may tailor his or her evidence to be consistent with that of the Claimant in a bid to bolster the case.’

Full story

Zenith PI Blog, 22nd July 2016

Source: www.zenithpi.wordpress.com

Blaming insurers for driverless accidents ‘makes no sense’ – Law Society’s Gazette

Posted July 18th, 2016 in accidents, insurance, negligence, news, road traffic by sally

‘Government proposals for driverless cars could create a worrying principle in the law of negligence, a high-profile motoring solicitor has warned.’

Full story

Law Society’s Gazette, 16th July 2016

Source: www.lawgazette.co.uk

Whose fair trial prevails? – UK Human Rights Blog

Posted July 18th, 2016 in appeals, conspiracy, fraud, human rights, insurance, news, road traffic by sally

‘Two people say they owned motorbikes which they kept outside their house – until, it is said, the bikes were mown down by the defendant’s car, a collision which their witness claimed to have seen. The car’s insurers said that the claim was fraudulent and it was all a conspiracy. The judge agreed it was a fraud, whereas the Court of Appeal disagreed – but still disallowed the claim because, the CA said, the owners had not proved their case.’

Full story

UK Human Rights Blog, 17th July 2016

Source: www.ukhumanrightsblog.com

Inebriated pedestrians: a fresh view on foreseeability and novus actus interveniens – Zenith PI Blog

‘A consideration of the Court of Appeal’s recent decision in Scott v Gavigan [2016] EWCA Civ 544 before Elias LJ, Clarke LJ and Simon LJ.’

Full story

Zenith PI Blog, 22nd June 2016

Source: www.zenithpiwordpress.com

Staffordshire County Council v K and others – WLR Daily

Staffordshire County Council v K and others [2016] EWCOP 27

‘An incapacitated adult (“K”), who had been severely injured in a road traffic accident, was awarded substantial damages in court proceedings which were used by his property and affairs deputy, a private trust corporation, to provide a specially adapted residence and to fund the regime of care and support provided by private sector providers. The local authority, having been informed of the arrangements for K’s care and the arrangements having been registered with the Care Quality Commission, applied to the Court of Protection for a welfare order under section 16 of the Mental Capacity Act 2005. The parties accepted that the arrangements constituted a deprivation of liberty satisfying two of three components of a deprivation of liberty within article 5 of the Convention for the Protection of Human Rights and Fundamental Freedoms, but the Secretary of State contended that the third component, namely the attribution of responsibility to the state, did not apply to the privately funded and arranged care regime (and to others in an equivalent position), so that the care regime could lawfully be put in place without a welfare order being made under the Act.’

WLR Daily, 25th May 2016

Source: www.iclr.co.uk

Credit Hire – Defendant Entitled To Summary Judgment When Claimant Could Not Establish Need – Zenith PI Blog

‘HHJ Armstrong refused the Claimant’s application for permission to appeal the decision of District Judge Read that the Defendant was entitled to summary judgment when the Claimant could not establish need in relation to a vehicle he had hired.’

Full story

Zenith PI Blog, 27th April 2016

Source: www.zenithpi.wordpress.com

Claim against MIB does not have protection of QOCS, High Court rules – Litigation Futures

‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.

Full story

Litigation Futures, 26th April 2016

Source: www.litigationfutures.com

CA: judge wrong to move hire costs dispute from RTA process to small claims court – Litigation Futures

Posted April 25th, 2016 in appeals, costs, damages, fees, insurance, news, road traffic, small claims by sally

‘A district judge was wrong to move a dispute over hire car costs from stage 3 of the RTA protocol to the small claims court, the Court of Appeal has ruled.’

Full story

Litigation Futures, 22nd April 2016

Source: www.litigationfutures.com

Police stop-and-search rules to apply to vehicle stops – BBC News

Posted March 29th, 2016 in codes of practice, news, police, reports, road traffic, stop and search by sally

‘Rules governing police stop and search in England and Wales are to be extended to vehicle stops made under the Road Traffic Act, the Home Office says.’

Full story

BBC News, 26th March 2016

Source: www.bbc.co.uk

The Child in the Road Part 2 – Zenith PI Blog

‘Six months ago I discussed at some length the issues arising from the decision of the Supreme Court in Jackson v Murray [2015] PIQR P249. More recently in Sabir v Osei-Kwabena [2016] PIQR Q56, the problem cropped up again, this time in the Court of Appeal.’

Full story

Zenith PI, 7th March 2016

Source: www.zenithpi.wordpress.com

Fraudulent credit hire claim leads to successful tort of deceit claim for costs of investigating such credit hire & exemplary damages – Park Square Barristers

Posted February 24th, 2016 in damages, deceit, fraud, insurance, news, personal injuries, road traffic by sally

‘Judy Dawson discusses how a combination of a quick witted insurer claims handler, a tenacious solicitor, and the expertise of the Park Square Barristers Civil Fraud Team led to a successful result against a fraudulent Claimant.’

Full story

Park Square Barristers, 2nd February 2016

Source: www.parksquarebarristers.co.uk

‘Steps of court’ settlement was not negligent, court rules – OUT-LAW.com

‘A barrister and firm of solicitors did not act negligently when they advised a client to settle her road traffic accident (RTA) claim after her main witness failed to attend court, the High Court has ruled.’

Full story

OUT-LAW.com, 8th February 2016

Source: www.out-law.com

Claimants and lawyers warned over damages repayment risk in RTA protocol cases – Litigation Futures

Posted January 22nd, 2016 in damages, negligence, news, personal injuries, repayment, road traffic, solicitors by sally

‘A claimant who receives less at stage 3 of the RTA protocol than was offered at stage 2 has to reimburse the difference, a circuit judge has ruled.’

Full story

Litigation Futures, 21st January 2016

Source: www.litigationfutures.com

People with advanced dementia have no place in court – The Guardian

Posted January 20th, 2016 in accidents, courts, elderly, fitness to plead, mental health, news, road traffic, trials by sally

‘The Law Commission has recommended a new test of incapacity after the Greville Janner case. We must be cautious about punishing those no longer in control of their actions.’

Full story

The Guardian, 19th January 2016

Source: www.guardian.co.uk

Crash for cash: Five more guilty over insurance scam – BBC News

Posted December 18th, 2015 in fraud, insurance, news, road traffic by tracey

‘Five people have been found guilty over the biggest car insurance fraud investigation in the UK. They were convicted of making six insurance claims worth £144,000 between 2009 and 2011. Two were found not guilty.’

Full story

BBC News, 17th December 2015

Source: www.bbc.co.uk

Speed Medical to appeal after High Court backs MoJ on MedCo – Litigation Futures

Posted December 11th, 2015 in expert witnesses, judicial review, news, personal injuries, road traffic by tracey

‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’

Full story

Litigation Futures, 11th December 2015

Source: www.litigationfutures.com

Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496

‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’

WLR Daily, 2nd December 2015

Source: www.iclr.co.uk

Automotive Automatism – Zenith PI Blog

Posted November 16th, 2015 in automatism, defences, news, personal injuries, road traffic by sally

‘I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with such a defence.’

Full story

Zenith PI Blog, 13th November 2015

Source: www.zenithpi.wordpress.com

Qader & Ors v Esure Services Ltd (Birmingham CC – 15/10/15) – Fixed Recoverable Costs Apply In Some Multi Track Claims – Zenith PI

Posted November 13th, 2015 in accidents, costs, fraud, news, road traffic by tracey

‘In this case, HHJ David Grant had to decide whether or not fixed recoverable costs applied to a claim that started out in the portal but was subsequently allocated to the multi-track.’

Full story

Zenith PI, 13th December 2015

Source: www.zenithpi.wordpress.com

£4m payout for man who suffered brain damage in crash – The Guardian

Posted October 12th, 2015 in accidents, compensation, insurance, news, personal injuries, road traffic by tracey

‘A man in his 20s who suffered severe brain damage in a car crash when he was a teenager is to get more than £4m compensation, lawyers say.’

Full story

The Guardian, 12th October 2015

Source: www.guardian.co.uk