“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.’

Full Story

Litigation Futures, 24th August 2020

Source: www.litigationfutures.com

Damages Awards in the IPEC Small Claims Track – NIPC Law

Posted June 18th, 2020 in damages, enforcement, intellectual property, news, small claims by sally

‘”IPEC SCT” stands for “Intellectual Property Enterprise Court Small Claims Track. This is a tribunal for IP claims under £10,000 other than those involving patents, registered and registered Community designs, plant varieties and semiconductor topographies.’

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NIPC Law, 17th June 2020

Source: nipclaw.blogspot.com

Fixed Costs in Civil Proceedings – Becket Chambers

Posted January 9th, 2020 in civil procedure rules, costs, news, pre-action conduct, small claims by sally

‘The Civil Procedure Rules (CPR) provide for fixed costs in certain elements of civil proceedings, including Small Claims, Fast Track hearings, ‘Stage 3’ hearings and possession claims. This means that any costs applied for that are not those within the fixed costs regimes are unlikely to be awarded by the Court, unless certain factors apply.’

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Becket Chambers, 3rd January 2020

Source: becket-chambers.co.uk

Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette

Posted December 10th, 2019 in costs, news, personal injuries, small claims, solicitors, valuation by sally

‘The High Court has allowed a claimant to recover costs outside the personal injury protocol after they upped the value of the claim from £5,000 to more than £25,000. In the process, a deputy master rejected the defendant’s application that claimant solicitors effectively misled the court about the claim’s true value.’

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Law Society's Gazette, 10th December 2019

Source: www.lawgazette.co.uk

Small claims track delays continue to rise – Litigation Futures

Posted December 6th, 2019 in delay, news, personal injuries, small claims by sally

‘The average time between a small claim being issued and going to trial continues to spiral upwards ahead of the reforms which will send hundreds of thousands of personal injury claims into the system.’

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Litigation Futures, 6th December 2019

Source: www.litigationfutures.com

Amy Rumble discusses the Court of Appeal’s recent interpretation of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims – Parklane Plowden Chambers

Posted November 28th, 2019 in news, personal injuries, pre-action conduct, small claims by sally

‘The Judgment in Wickes Building Supplies Ltd v William Gerarde Blair [2019] EWCA CIV 1934 focused on the procedure to be followed if a claimant seeks to rely on evidence served out of time when following the stage 3 procedure.’

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Parklane Plowden Chambers, 21st November 2019

Source: www.parklaneplowden.co.uk

MoJ scotches hopes of whiplash shift over children – Legal Futures

Posted November 4th, 2019 in children, damages, news, personal injuries, road traffic, small claims by sally

‘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.’

Full Story

Legal Futures, 4th November 2019

Source: www.legalfutures.co.uk

Legal charities urge government to delay whiplash reforms – Legal Futures

‘Four leading legal charities have urged the government to delay next year’s whiplash reforms over fears that litigants in person and the organisations supporting them will be overwhelmed by the new regime.’

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Legal Futures, 13th August 2019

Source: www.legalfutures.co.uk

Whiplash Portal – “Vulnerable” Parties to be Exempt (At Least to Begin With) – Zenith PI Blog

‘The new whiplash portal is due to launch in the spring of 2020. It is likely to cover injuries arising from accidents occurring after 6th April.’

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Zenith PI Blog, 9th July 2019

Source: zenithpi.wordpress.com

Revealed: Children to be exempt from whiplash portal – for now – Legal Futures

‘Children and protected parties are to be exempt from the increase in the small claims limit and the new whiplash portal – at least for now – Legal Futures can reveal.’

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Legal Futures, 8th July 2019

Source: www.legalfutures.co.uk

Even more people set to benefit from online court reform – Ministry of Justice

‘New legislation making it even easier for court users to apply for small money claims or divorce online was unveiled in the House of Lords today (1 May 2019).’

Full press release

Ministry of Justice, 1st May 2019

Source: www.gov.uk/government/organisations/ministry-of-justice

Judge disapplies QOCS after claimants’ failure to pay court fee – Litigation Futures

‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’

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Litigation Futures, 29th April 2019

Source: www.litigationfutures.com

Digital Court Reform Conference: David Gauke speech – Ministry of Justice

Posted December 4th, 2018 in electronic filing, small claims, speeches by tracey

‘The Secretary of State for Justice spoke at the first international forum on online court services.’

Full speech

Ministry of Justice, 3rd December 2018

Source: www.gov.uk/government/organisations/ministry-of-justice

No basis for face-to-face justice, says digital court guru Susskind – Law Society’s Gazette

Posted November 9th, 2018 in civil justice, electronic filing, news, small claims by tracey

‘No basis exists in jurisprudence or legal philosophy for conducting justice face-to-face in physical premises, one of the architects of the online court told a conference yesterday.’

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Law Society's Gazette, 8th November 2018

Source: www.lawgazette.co.uk

Gauke to exempt vulnerable road users from whiplash reforms – Legal Futures

Posted September 6th, 2018 in accidents, compensation, news, personal injuries, road traffic, small claims by tracey

‘Vulnerable road users (VRUs), such as pedestrians and cyclists, will be completely exempt from the government’s whiplash reforms, the Lord Chancellor announced yesterday.’

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Legal Futures, 5th September 2018

Source: www.legalfutures.co.uk

Temperature starts to rise ahead of Civil Liability Bill debate – Legal Futures

Posted August 30th, 2018 in bills, claims management, insurance, news, personal injuries, small claims by sally

‘The rhetoric is heating up ahead of the second reading of the Civil Liability Bill in the House of Commons next week, with the Motor Accident Solicitors Society (MASS) and Association of British Insurers (ABI) both speaking out yesterday.’

Full Story

Legal Futures, 30th August 2018

Source: www.legalfutures.co.uk

Plan to change personal injury claim rules ‘will penalise victims’ – The Guardian

Posted August 30th, 2018 in costs, news, personal injuries, small claims, victims by sally

‘Victims will find it harder to secure compensation from employers under plans to double the lower limit for recovering costs in minor injury cases, the Ministry of Justice has been warned.’

Full Story

The Guardian, 29th August 2018

Source: www.theguardian.com

Court of Appeal to rule on 100% success fee model for low-value PI claims – Litigation Futures

Posted July 27th, 2018 in fees, news, personal injuries, small claims by sally

‘The Court of Appeal is to rule on the legality of what has become the industry model for handling low-value personal injury claims, with firms charging clients a 100% success fee as standard.’

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Litigation Futures, 26th July 2018

Source: www.litigationfutures.com

Whiplash reforms delayed a year to April 2020 – Legal Futures

Posted July 17th, 2018 in delay, news, personal injuries, small claims by tracey

‘Implementation of the government’s whiplash reforms is to be delayed by a year to April 2020, the Ministry of Justice (MoJ) has announced.’

Full Story

Legal Futures, 17th July 2018

Source: www.legalfutures.co.uk

Online courts: calls for more research into how to support access – OUT-LAW.com

Posted June 13th, 2018 in dispute resolution, electronic filing, news, small claims by sally

‘It should not be assumed that making ‘assisted digital support’ (ADS) services available will ensure everyone can engage with an online court system, according to a new report.’

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OUT-LAW.com, 12th June 2018

Source: www.out-law.com