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.’

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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.’

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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.’

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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

Bar Council backs Justice Committee concerns over increasing small claims limit – The Bar Council

Posted May 18th, 2018 in personal injuries, press releases, select committees, small claims by tracey

‘Yesterday’s report from the Justice Select Committee highlighted concerns over plans to increase the small claims limit to £5,000 which, according to the Bar Council, could undermine access to justice for those injured in accidents.’

Full press release

The Bar Council, 18th May 2018

Source: www.barcouncil.org.uk

Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures

‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’

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Litigation Futures, 23rd April 2018

Source: www.litigationfutures.com

First building block of Online Court goes public – Legal Futures

Posted April 6th, 2018 in county courts, electronic filing, news, pilot schemes, small claims by sally

‘The first element of the Online Court went public today, with a beta test enabling people to issue county court money claims for up to £10,000 more easily.’

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Legal Futures, 6th April 2018

Source: www.legalfutures.co.uk

Uncertainty Around The Proposed Personal Injury Reforms Continues… – Zenith Chambers

Posted March 16th, 2018 in accidents, bills, news, personal injuries, road traffic, small claims by sally

‘Personal injury lawyers have been aware of the government’s plans to reform how personal injury claims are dealt with for some time. Originally, the new proposals were to come into force in October 2018. However, as a result of the General Election in 2017, the Prisons and Courts Bill did not progress.’

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Zenith Chambers, 6th March 2018

Source: www.zenithchambers.co.uk

Lidington confirms rise in small claims limit for personal injury cases – Legal Futures

Posted October 26th, 2017 in accidents, news, personal injuries, road traffic, small claims by sally

‘The small claims limit for RTA cases will rise to £5,000 – as they are not cases where people should usually need a lawyer – and the limit for other personal injury cases to £2,000, the justice secretary, David Lidington, confirmed today. But he could not say when.’

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Legal Futures, 25th October 2017

Source: www.legalfutures.co.uk

“All to play for” on Civil Liability Bill, personal injury leaders say – Legal Futures

Posted September 20th, 2017 in bills, damages, news, personal injuries, small claims by sally

‘Leading personal injury lawyers told yesterday’s PI Futures conference that there is “all to play for” on the Civil Liability Bill as a “nervous” governments seeks to avoid a damaging parliamentary defeat.’

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Legal Futures, 20th September 2017

Source: www.legalfutures.co.uk

“Quick and dirty” online justice better than no justice, says Neuberger as he laments legal aid policy failure – Legal Futures

‘“Quick and dirty” online dispute resolution (ODR) is better than “no justice or absurdly over-priced justice”, the president of the Supreme Court has said in a wide-ranging speech that included a devastating critique of legal aid policy over the past two decades.’

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Legal Futures, 5th July 2017

Source: www.legalfutures.co.uk

Recovering costs – helpful hints (private law) – Local Government Lawyer

‘James E. Petts sets out some key considerations for local authorities looking to recover their costs.’

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Local Government Lawyer, 9th June 2017

Source: www.localgovernmentlawyer.co.uk

Unreasonable Behaviour – Costs on the Small Claims Track – Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269 – Zenith PI Blog

Posted May 18th, 2017 in appeals, costs, news, personal injuries, small claims by tracey

‘In 2002, Mr. Dammermann entered into a mortgage with a bank. He defaulted on that mortgage and LPA receivers were appointed. The receivers appointed Lanyon Bowdler to conduct the sale of the property. On sale of the property Lanyon rendered a bill to the receivers that was paid and became part of the secured liability. Mr. Dammermann issued proceedings contesting the legal fees charged.’

Full story

Zenith PI Blog, 17th May 2017

Source: www.zenithpi.wordpress.com

Civil procedure: Unreasonable conduct and costs – Law Society’s Gazette

Posted May 15th, 2017 in appeals, civil procedure rules, costs, news, small claims by sally

‘It is trite that a court will carefully scrutinise the parties’ behaviour when assessing costs in civil disputes. There is now a rich body of case law which provides judicial guidance on the courts’ general approach in assessing unreasonable behaviour when considering whether to make adverse costs orders. Further judicial guidance on assessing unreasonable behaviour has recently been given by the Court of Appeal in Dammermann v Lanyon Bowdler LLP [2017] EWCA Civ 269. In that case the court provided important guidance on the ‘unreasonable behaviour’ test for ordering costs in the small claims court.’

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Law Society’s Gazette, 15th May 2017

Source: www.lawgazette.co.uk

CA offers pointers on when costs should be awarded in small claims court – Litigation Futures

Posted April 19th, 2017 in appeals, civil procedure rules, costs, judges, news, small claims by tracey

‘The “unreasonable conduct” test for ordering costs in the small claims court is similar to that for wasted costs, the Court of Appeal has ruled, but said it would not want litigants to be “too easily deterred” by the risk of an adverse costs award.’

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Litigation Futures, 18th April 2017

Source: www.litigationfutures.com

Cloisters column: Reforming the Soft Tissue Injury (whiplash) Claims Process – Government consultation and reform in the ‘post-truth’ age? – Cloisters

Posted April 6th, 2017 in compensation, consultations, news, personal injuries, small claims by sally

‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’

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Cloisters, 30th March 2017

Source: www.cloisters.com

Model for online court “will begin to hear small claims from 1 June” – Legal Futures

Posted March 29th, 2017 in electronic filing, news, small claims by sally

‘The pioneering digital tribunal thought to be the model for England and Wales’s online court (OC) will begin resolving small claims disputes worth under about £3,000 on 1 June, it has emerged.

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Legal Futures, 29th March 2017

Source: www.legalfutures.co.uk

“We’ve gone for moderate options to reform PI,” says justice minister – Legal Futures

Posted March 21st, 2017 in bills, compensation, damages, news, personal injuries, road traffic, small claims by tracey

‘The increase in whiplash claims at a time of falling road traffic accidents and improving car safety means that “cases are obviously exaggerated to some extent, and perhaps fraudulent”, justice minister Sir Oliver Heald said yesterday as he defended the government’s “moderate” personal injury reform proposals during the second reading of the Prisons and Courts Bill.’

Full story

Legal Futures, 21st March 2017

Source: www.legalfutures.co.uk