Category: accidents

Same Accident, Same Defendant, Two Separate CNFs (One Claiming Vehicle Damage and Credit Hire; the Other PI) Proceed as Separate Claims at all Times, One Settles After Issue, the Other Does Not and is Issued – Abuse of Process or Not? – Zenith PI Blog

Posted March 22nd, 2016 in abuse of process, accidents, costs, news, personal injuries, striking out by sally

‘Last week I went off to the County Court at Newcastle to defend a strike out application made by the Defendant alleging abuse of process. I suspect this won’t be the first time that this factual scenario has arisen where defendants have sought to strike out a claim and where they have been successful, but here the claim was allowed to proceed because it was found that there was no abuse.’

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Zenith PI Blog, 21st March 2016

Source: www.zenithpi.wordpress.com

Nuisance calls by ‘ambulance chasers’ soar despite attempts at crackdown – Daily Telegraph

Posted March 21st, 2016 in accidents, claims management, compensation, complaints, insurance, news, nuisance, ombudsmen, personal injuries, privacy, statistics, telecommunications by tracey

‘One in five people receives an unsolicited, nuisance call every day in a practice fuelled by “ambulance-chasing lawyers,” a report has warned. The compensation culture, which is driven by claims management companies, has soared, despite government attempts to crack down on the practice.’

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Daily Telegraph, 21st March 2016

Source: www.telegraph.co.uk

Changes to compensation for nuclear incidents published by UK government – OUT-LAW.com

Posted March 9th, 2016 in accidents, compensation, news, nuclear power, treaties by tracey

‘Changes to the rules governing compensation for nuclear incidents will increase the amounts payable, as well as expand the categories of damage for which compensation may be claimed.’

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OUT-LAW.com, 8th March 2016

Source: www.out-law.com

The Child in the Road Part 2 – Zenith PI Blog

Posted March 7th, 2016 in accidents, appeals, causation, children, contribution, negligence, news, personal injuries, road safety, road traffic, Supreme Court by tracey

‘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.’

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Zenith PI, 7th March 2016

Source: www.zenithpi.wordpress.com

Supreme Court rejects ‘illogical’ precedent on death payments – Law Society’s Gazette

Posted February 25th, 2016 in accidents, appeals, asbestos, damages, news, personal injuries, Supreme Court by sally

‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’

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Law Society’s Gazette, 24th February 2016

Source: www.lawgazette.co.uk

Supreme Court rewrites law on multipliers in fatal accident cases – Legal Futures

Posted February 25th, 2016 in accidents, appeals, damages, Law Commission, news, personal injuries, reports, Supreme Court, trials by sally

‘The Supreme Court has overturned two House of Lords judgments in ruling that the multiplier in assessing damages for fatal accident claims should be calculated from the date of the trial, not the date of death.’

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Litigation Futures, 24th February 2016

Source: www.litigationfutures.com

‘Cash for crash’: 81 sentenced in fake car accidents scam – The Guardian

Posted January 29th, 2016 in accidents, closed circuit television, compensation, fraud, inquiries, insurance, news by tracey

‘Garage in south Wales faked accidents in its yards so that bogus insurance and compensation claims totalling £750,000 could be made.’

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The Guardian, 29th January 2016

Source: www.guardian.co.uk

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.’

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The Guardian, 19th January 2016

Source: www.guardian.co.uk

Cook v Virgin Media Ltd; McNeil v Tesco plc – WLR Daily

Posted January 6th, 2016 in accidents, appeals, case management, choice of forum, civil procedure rules, conflict of laws, damages, EC law, jurisdiction, law reports, personal injuries, Scotland, striking out by sally

Cook v Virgin Media Ltd; McNeil v Tesco plc [2015] EWCA Civ 1287; [2015] WLR (D) 538

‘The English court had power to apply the doctrine of forum non conveniens in a purely domestic context, exercising the court’s wide general case management powers in CPR rr 3.1(2)(m) and 3.3, and therefore could strike out or stay proceedings brought in England where Scotland was the natural and more appropriate forum.’

WLR Daily, 14th December 2015

Source: www.iclr.co.uk

Gavin Edmondson Ltd v Haven Insurance Co Ltd – WLR Daily

Posted December 9th, 2015 in accidents, appeals, costs, fees, law reports, personal injuries, pre-action conduct, road traffic, solicitors by sally

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

Father jailed for tipper truck crash that killed son on his 12th birthday – The Guardian

Posted November 23rd, 2015 in accidents, causing death of children or vulnerable adults, dangerous driving, families, news, sentencing by sally

‘A tipper truck driver has been jailed for five-and-half years after the lorry he was driving rolled, killing his son.’

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The Guardian, 20th November 2015

Source: www.guardian.co.uk

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.’

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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.’

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The Guardian, 12th October 2015

Source: www.guardian.co.uk

A & M v Royal Mail Group – ATE Premiums and Success Fees Under CPR 21 – Zenith PI Blog

Posted September 30th, 2015 in accidents, civil procedure rules, costs, damages, fees, news, personal injuries, road traffic, solicitors by sally

‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’

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Zenith PI Blog, 29th September 2015

Source: www.zenithpi.wordpress.com

Local authority ordered to pay £200k after sports ground car park death – Local Government Lawyer

Posted September 16th, 2015 in accidents, costs, fines, guilty pleas, health & safety, local government, news, parking by tracey

‘A local authority has been ordered to pay more than £200,000 after a man died when his car drove into a horizontal swing barrier gate to a car park at a sports ground.’

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Local Government Lawyer, 14th September 2015

Source: www.localgovernmentlawyer.co.uk

O’Brien v Shorrock and another – WLR Daily

Posted August 21st, 2015 in accidents, civil procedure rules, compensation, costs, damages, fees, insurance, law reports, personal injuries, practice directions, retrospectivity, solicitors by sally

O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366

The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.

WLR Daily, 12th June 2015

Source: www.iclr.co.uk

This judgment could shake up how personal injury solicitors operate – The Guardian

Posted August 21st, 2015 in accidents, children, codes of practice, compensation, costs, damages, fees, insurance, legal aid, news, personal injuries, practice directions, solicitors by sally

‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’

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The Guardian, 21st August 2015

Source: www.guardian.co.uk

A key new case on jurisdiction where an accident happens abroad during a holiday booked from the UK: Brownlie v Four Seasons Holdings Incorporated [2015] EWCA Civ 665 – Henderson Chambers

Posted July 27th, 2015 in accidents, civil procedure rules, holidays, jurisdiction, news, personal injuries, witnesses by sally

‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’

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Henderson Chambers, 24th July 2015

Source: www.hendersonchambers.co.uk

NEW UNINSURED DRIVERS’ AGREEMENT – IN FORCE 1 AUGUST 2015 – Zenith PI

Posted July 13th, 2015 in accidents, consultations, dispute resolution, driving licences, insurance, Motor Insurers’ Bureau, news, road traffic by tracey

‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’

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Zenith PI, 13th July 2015

Source: www.zenithpi.wordpress.com

Fruit farm manager jailed over deaths of men who ‘scuba dived’ for apples – The Guardian

Posted July 2nd, 2015 in accidents, costs, employment, fines, guilty pleas, health & safety, homicide, negligence, news, sentencing by sally

‘A fruit farm manager has been jailed for the manslaughter of two workers who died after climbing into a sealed storage unit to collect the best apples for a competition.’

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The Guardian, 1st July 2015

Source: www.guardian.co.uk