Costs and costs of repairs – Nearly Legal
‘An interesting, though non-binding, county court decision on the issue of costs of a disrepair claim that settled pre-allocation.’
Nearly Legal, 30th August 2021
Source: nearlylegal.co.uk
Category: small claims
Mason v Laing: Wrongly decided? – No. 5 Chambers
‘Those involved in soft tissue injury cases proceeding under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents (“the RTA Protocol”) may be familiar with paragraph 7.8B of the Protocol.’
No. 5 Chambers, 11th June 2021
Source: www.no5.com
Small claims court delays continue to increase – Litigation Futures
‘Delays in cases going through the civil court continued to rise in the first quarter of 2021, throwing a potentially huge spanner in the works of the whiplash reforms which came into force last week.’
Litigation Futures, 7th June 2021
Source: www.litigationfutures.com
“An end to greedy opportunism” – whiplash reforms finally go live – Legal Futures
‘The Civil Liability Act reforms went live yesterday with the government promising an end to “greedy opportunism” while claimant representatives deemed it a “sad day for justice”.’
Legal Futures, 1st June 2021
Source: www.legalfutures.co.uk
County court order against Boris Johnson struck out – BBC News
‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’
BBC News, 13th May 2021
Source: www.bbc.co.uk
The 64-page guide for litigants in person bringing ‘simple’ whiplash claims – Legal Futures
‘A 64-page users’ guide aimed at litigants in person who have to navigate the “straightforward” Official Injury Claim (OIC) portal for whiplash claims was published yesterday.’
Legal Futures, 30th April 2021
Source: www.legalfutures.co.uk
Trial delays continue to lengthen across civil courts – Litigation Futures
‘Delays in cases going through the civil court continue to spiral upwards, with the whiplash reforms set to increase pressure on the small claims court even further in the coming months.’
Litigation Futures, 23rd March 2021
Source: www.litigationfutures.com
A lesson in how not to write a Pre-Action Protocol (or change the CPR more generally) – No. 5 Chambers
‘If you are unlucky enough to have a car crash after 31 May 2021 and suffer whiplash injuries, you will face a very different approach to the valuation of and means of obtaining your damages. The new tariff regulations – The Whiplash Injury Regulations 2021 – will reduce general damages significantly, from the potential £4,080 for a 12-month whiplash injury under the Judicial College Guidelines to a fixed £1,320 under the tariff scheme.’
No. 5 Chambers, 1st March 2021
Source: www.no5.com
Small claims worst hit so far by Covid as trial delays lengthen – Litigation Futures
‘Small claims have been disproportionally impacted by Covid-19 in terms of timeliness, official figures have shown.’
Litigation Futures, 8th December 2020
Source: www.litigationfutures.com
Still no rules but full steam to April for whiplash reforms, says MoJ – Legal Futures
‘Ministers remain “determined” to implement the whiplash reforms next April, a top Ministry of Justice (MoJ) official confirmed yesterday, although it is still not certain when the rules governing the process will be published.’
Legal Futures, 24th November 2020
Source: www.legalfutures.co.uk
“Unconscionable” for defendant to benefit from portal mistake – Litigation Futures
‘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.’
Litigation Futures, 24th August 2020
Source: www.litigationfutures.com
Damages Awards in the IPEC Small Claims Track – NIPC Law
‘”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.’
NIPC Law, 17th June 2020
Source: nipclaw.blogspot.com
Fixed Costs in Civil Proceedings – Becket Chambers
‘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.’
Becket Chambers, 3rd January 2020
Source: becket-chambers.co.uk
Misconduct accusation rejected despite claim value rising by £20k – Law Society’s Gazette
‘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.’
Law Society's Gazette, 10th December 2019
Source: www.lawgazette.co.uk
Small claims track delays continue to rise – Litigation Futures
‘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.’
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
‘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.’
Parklane Plowden Chambers, 21st November 2019
Source: www.parklaneplowden.co.uk
MoJ scotches hopes of whiplash shift over children – Legal Futures
‘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
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.’
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.’
Zenith PI Blog, 9th July 2019
Source: zenithpi.wordpress.com
