Number of motor claims stays low over last three months – Litigation Futures

Posted October 21st, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The collapse in new motor injury claims seen during lockdown continued in the following three months, despite more cars returning to the road.’

Full Story

Litigation Futures, 20th October 2020

Source: www.litigationfutures.com

“Informed consent” ruling threatens avalanche of PI costs refund claims – Litigation Futures

Posted October 20th, 2020 in consent orders, costs, law firms, news, personal injuries, solicitors by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a major High Court ruling.’

Full Story

Litigation Futures, 19th October 2020

Source: www.litigationfutures.com

PI firms face deluge of costs claims after High Court ruling – Legal Futures

Posted October 19th, 2020 in compensation, costs, law firms, news, personal injuries by sally

‘Personal injury (PI) law firms that fail to spell out in their retainers the costs clients could be liable for beyond what is recovered from defendants face a wave of litigation following a landmark High Court ruling.’

Full Story

Legal Futures, 19th October 2020

Source: www.legalfutures.co.uk

Government to review Human Rights Act – Law Society’s Gazette

‘Lord chancellor Robert Buckland has revealed that the government is to commission an independent review of the Human Rights Act.’

Full Story

Law Society's Gazette, 7th October 2020

Source: www.lawgazette.co.uk

Judge refuses to let claimant abandon “unfavourable” joint expert – Litigation Futures

Posted September 15th, 2020 in appeals, expert witnesses, news, noise, personal injuries, reports by sally

‘A High Court judge has upheld a decision not to allow a claimant in a noise-induced hearing loss (NIHL) case to rely on a different expert because a joint expert produced an unfavourable report.’

Full Story

Litigation Futures, 15th September

Source: www.litigationfutures.com

ABI: Claims dived during lockdown but their value went up – Litigation Futures

Posted September 7th, 2020 in accidents, compensation, insurance, news, personal injuries, road traffic, statistics by sally

‘The number of motor insurance claims notified to insurers in the second quarter of 2020 fell by nearly half, but their value leapt by 31%, according to the Association of British Insurers (ABI).’

Full Story

Litigation Futures, 4th September 2020

Source: www.litigationfutures.com

Lyum Roy Campbell (a protected party by his father & litigation friend Donald Campbell) v Advantage Insurance Company Ltd [2020] EWHC 2210 (QB) – Parklane Plowden Chambers

‘In this case the court considered the issues of capacity, consent and contributory negligence following a road traffic accident wherein the Claimant, Lyum Roy Campbell, suffered very severe injuries, having allowed himself to be driven by a friend who was intoxicated.’

Full Story

Parklane Plowden Chambers, 21st August 2020

Source: www.parklaneplowden.co.uk

PI solicitor struck off for “stupid” decision to forge client’s signature – Legal Futures

‘An experienced personal injury solicitor who forged his client’s signature on two court documents to progress her case “acted stupidly” and had to be struck off, a tribunal has decided.’

Full Story

Legal Futures, 28th August 2020

Source: www.legalfutures.co.uk

Judge lashes out at “shameful drivel” produced in RTA claims – Litigation Futures

‘A deputy district judge lambasted law firms’ approach to low-value road traffic claims, describing them as “drivel” and saying “they are mostly prepared in a way which makes me ashamed of our profession”.’

Full Story

Litigation Futures, 28th August 2020

Source: www.litigationfutures.com

An Introduction to Ogden 8 – Ropewalk Chambers

Posted August 28th, 2020 in accidents, chambers articles, compensation, damages, news, personal injuries by sally

‘On 17th July 2020, the Ogden Working Party published the 8th Edition of the Ogden Tables, the first new edition
in almost a decade and the first under a new Chairman, William Latimer-Sayer QC.’

Full Story

Ropewalk Chambers, 18th August 2020

Source: www.ropewalk.co.uk

Courts cannot critique “uncontroverted” expert reports – Litigation Futures

‘It is not the role of the courts to subject “uncontroverted” expert reports to “the same kind of analysis and critique as if it was evaluating a controverted or contested report”, the High Court has ruled.’

Full Story

Litigation Futures, 25th August 2020

Source: www.litigationfutures.com

“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

Steep fall in injury claims during lockdown – Litigation Futures

‘There was a 38% fall in the number of injury claims registered with the Compensation Recovery Unit (CRU) during the first three months of lockdown, government figures have confirmed.’

Full Story

Litigation Futures, 20th August 2020

Source: www.litigationfutures.com

PI Fraud: when silence can be FD – Park Square Barristers

‘On appeal, a High Court judge reversed the finding that a claimant was not fundamentally dishonest due to inconsistencies in the longevity of his injuries and the non-disclosure of a subsequent road traffic accident to a medical expert (“the deafening silences”). On this basis, the claimant was found to be fundamentally dishonest pursuant to s.57 Criminal Justice and Courts Act 2015 and was consequently ordered to pay 70% of the defendant insurer’s costs. Matthew Smith, co-founder of the PSQB fraud team, was instructed on behalf of the successful appellant insurer.’

Full Story

Park Square Barristers, 3rd August 2020

Source: www.parksquarebarristers.co.uk

High Court overturns ruling that claimant was not fundamentally dishonest – Litigation Futures

‘The High Court has overturned a ruling that a claimant who defeated an argument that a car accident he was involved in was bogus, but lied about his injuries, was not fundamentally dishonest.’

Full Story

Litigation Futures, 11th August 2020

Source: www.litigationfutures.com

High Court: Counsel’s fee for ex-protocol cases not fixed – Litigation Futures

Posted August 10th, 2020 in barristers, civil procedure rules, costs, fees, news, personal injuries, valuation by sally

‘Counsel’s fees for valuing claims which fall out of the personal injury protocols are not subject to fixed costs, the High Court has ruled.’

Full Story

Litigation Futures, 10th August 2020

Source: www.litigationfutures.com

Claimant ordered to pay defence costs after fundamental dishonesty finding – Law Society’s Gazette

‘The High Court has reversed a costs order on appeal after a successful defendant had initially been forced to pay most of the losing claimant’s costs.’

Full Story

Law Society's Gazette, 1st August 2020

Source: www.lawgazette.co.uk

Council charged over death of girl, 5, killed by playground swing faces £2m legal bill – Daily Telegraph

‘A council has reportedly been charged over the death of a five-year-old girl who was killed by a rotting playground swing, and faces a potential £2m legal bill.’

Full Story

Daily Telegraph, 4th August 2020

Source: www.telegraph.co.uk

Court rules £2.2m claim was abuse of process but will live on – Law Society’s Gazette

‘The Court of Appeal has overturned a decision to strike out a £2.2m personal injury claim, despite concluding it was issued inappropriately and there had been an abuse of process.’

Full Story

Law Society's Gazette, 4th August 2020

Source: www.lawgazette.co.uk

CA reinstates £2.6m that languished in RTA portal for four years – Litigation Futures

‘The Court of Appeal has overturned a decision to strike out a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimant’s solicitors sought to transfer it to the multi-track.’

Full Story

Litigation Futures, 4th August 2020

Source: www.litigationfutures.com