‘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.’
Legal Futures, 10th February 2020
Source: www.legalfutures.co.uk
‘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?’
BBC News, 6th February 2020
Source: www.bbc.co.uk
‘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.’
Litigation Futures, 21st January 2020
Source: www.litigationfutures.com
‘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.’
Guildhall Chambers, 17th January 2020
Source: www.guildhallchambers.co.uk
‘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.’
39 Essex Chambers, 7th January 2020
Source: www.39essex.com
‘A motorcyclist who killed a pedestrian while speeding escaped jail after a judge accepted that a tailgating motorist meant he could not slow down.’
Daily Telegraph, 2nd December 2019
Source: www.telegraph.co.uk
‘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”.’
The Guardian, 28th November 2019
Source: www.theguardian.com
‘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.’
Litigation Futures, 19th November 2019
Source: www.litigationfutures.com
‘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.’
Law Society's Gazette, 19th November 2019
Source: www.lawgazette.co.uk
‘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.’
St John's Buildings, 5th November 2019
Source: stjohnsbuildings.com
‘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.’
Local Government Lawyer, 11th November 2019
Source: www.localgovernmentlawyer.co.uk
‘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.’
Park Square Barristers, 31st October 2019
Source: www.parksquarebarristers.co.uk
‘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.’
4 New Square, 29th October 2019
Source: www.4newsquare.com
‘The Ministry of Justice (MoJ) has refused to give way to the concerns of claimant groups that children who suffer whiplash injuries lasting less than nine months will be denied access to justice under next April’s reforms.’
Legal Futures, 4th November 2019
Source: www.legalfutures.co.uk
‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’
Legal Futures, 1st November 2019
Source: www.legalfutures.co.uk
‘The death of Harry Dunn, who was struck by a vehicle allegedly driving on the wrong side of the road in August, led to a diplomatic spat over the asserted diplomatic immunity of the driver, Anne Sacoolas, the wife of a US intelligence official believed to work for the CIA based at RAF Croughton in Northamptonshire.’
Law Society's Gazette, 28th October 2019
Source: www.lawgazette.co.uk
‘A claimant is facing a bill of over £400,000 in credit hire charges plus legal costs after a county court found that the car she collided with was stationary.’
Litigation Futures, 25th October 2019
Source: www.litigationfutures.com
‘Law Commissions publish proposals on the regulation of highly automated vehicles that operate without a driver (or “user-in-charge”).’
Law Commission, 16th October 2019
Source: www.lawcom.gov.uk
‘Driverless cars could be halted by leaves, seagulls or the “wrong sort of snow”, causing gridlock in cities, the Law Commission has warned.’
Daily Telegraph, 15th October 2019
Source: www.telegraph.co.uk
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