‘A claim against the Motor Insurance Bureau (MIB) by the victim of an accident in France does not have the protection of qualified one-way costs shifting (QOCS), the High Court has ruled.
Litigation Futures, 26th April 2016
Source: www.litigationfutures.com
‘The police investigation into the plane crash at the Shoreham Airshow – which killed 11 people – is being delayed as detectives are being forced to seek permission from the courts to gain access to key information from the Air Accidents Investigation Branch (AAIB), a pre-inquest review has heard.’
Daily Telegraph, 22nd March 2016
Source: www.telegraph.co.uk
‘In Knauer (Widower and Administrator of the Estate of Sally Ann Knaur) v Ministry of Justice [2016] UKSC 9, the Supreme Court has held that the correct date as at which to assess the multiplier when fixing damages for future loss in claims under the Fatal Accidents Act 1976 should be the date of trial and not the date of death. In doing so it refused to follow two decisions of the House of Lords (Cookson v Knowles [1979] AC 556 and Graham v Dodds [1983] 1 WLR 808) pursuant to which the relevant date had been the date of death.’
Henderson Chambers, February 2016
Source: www.hendersonchambers.co.uk
‘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.’
Zenith PI Blog, 21st March 2016
Source: www.zenithpi.wordpress.com
‘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.’
Daily Telegraph, 21st March 2016
Source: www.telegraph.co.uk
‘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.’
OUT-LAW.com, 8th March 2016
Source: www.out-law.com
‘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.’
Zenith PI, 7th March 2016
Source: www.zenithpi.wordpress.com
‘The Supreme Court has ruled that a mesothelioma victim’s family was under-compensated because of the date when damages were calculated.’
Law Society’s Gazette, 24th February 2016
Source: www.lawgazette.co.uk
‘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.’
Litigation Futures, 24th February 2016
Source: www.litigationfutures.com
‘Garage in south Wales faked accidents in its yards so that bogus insurance and compensation claims totalling £750,000 could be made.’
The Guardian, 29th January 2016
Source: www.guardian.co.uk
‘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.’
The Guardian, 19th January 2016
Source: www.guardian.co.uk
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 [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
‘A tipper truck driver has been jailed for five-and-half years after the lorry he was driving rolled, killing his son.’
The Guardian, 20th November 2015
Source: www.guardian.co.uk
‘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.’
Zenith PI, 13th December 2015
Source: www.zenithpi.wordpress.com
‘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.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
‘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.’
Zenith PI Blog, 29th September 2015
Source: www.zenithpi.wordpress.com
‘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.’
Local Government Lawyer, 14th September 2015
Source: www.localgovernmentlawyer.co.uk
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
‘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.’
The Guardian, 21st August 2015
Source: www.guardian.co.uk
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