Category: personal injuries

Aldred v Cham – 4 New Square

Posted November 6th, 2019 in civil procedure rules, costs, fees, news, personal injuries, road traffic by sally

‘In Aldred v Cham [2019] EWCA Civ 1780 the Court of Appeal (Lord Justices McCombe and Coulson and Lady Justice Nicola Davies) considered whether the cost of counsel’s advice relating to the proposed settlement of an RTA claim was a claim for a disbursement which should be allowed in addition to the fixed recoverable costs (“FRC”) provided for under CPR 45.29C and Table 6B because it was “reasonably incurred due to a particular feature of the dispute”. This case has provided welcome clarity in a previously much disputed area.’

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4 New Square, 29th October 2019

Source: www.4newsquare.com

MoJ scotches hopes of whiplash shift over children – Legal Futures

Posted November 4th, 2019 in children, damages, news, personal injuries, road traffic, small claims by sally

‘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.’

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Legal Futures, 4th November 2019

Source: www.legalfutures.co.uk

MoJ: No change to whiplash reform timetable – Legal Futures

Posted November 1st, 2019 in accidents, compensation, consultations, damages, elections, Ministry of Justice, news, personal injuries, road traffic, select committees by sally

‘The Ministry of Justice (MoJ) is continuing to work towards April 2020 to implement the whiplash reforms despite the upcoming election, it has confirmed.’

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Legal Futures, 1st November 2019

Source: www.legalfutures.co.uk

Richard Paige discusses: The impact of a counterclaim on QOCS – Park Square Barristers

Posted October 30th, 2019 in civil procedure rules, compensation, costs, interpretation, news, personal injuries by sally

‘In Ketchion v McEwan HHJ Freedman, sitting in Newcastle, held that the term “proceedings” in CPR 44.13 included both the claim and the counterclaim. The result of this decision was that the successful claimant was debarred from enforcing any of his costs (for bringing the claim or defending the counterclaim) against the unsuccessful defendant, because the defendant had brought a counterclaim which included personal injury.’

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Park Square Barristers, 14th October 2019

Source: www.parksquarebarristers.co.uk

Counsel’s fee in portal drop-out case included in fixed costs – Litigation Futures

Posted October 30th, 2019 in accidents, appeals, barristers, children, civil procedure rules, compensation, costs, fees, interpretation, news, personal injuries, practice directions, road traffic, solicitors by sally

‘Counsel’s fees for an opinion on quantum in a traffic accident involving a child are included in the fixed costs for the case and cannot be claimed separately, the Court of Appeal has ruled.’

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Litigation Futures, 30th October 2019

Source: www.litigationfutures.com

Applications for Interim Payments of Costs: An Update – Hailsham Chambers

Posted October 29th, 2019 in costs, damages, negligence, news, personal injuries by sally

‘Applications for interim payments of costs are likely to continue to become more common, at least until some higher judicial authority suggests that they should not be allowed in principle or save in exceptional circumstances. In the meantime, practitioners would be well advised to be aware of some practical guidance as to how such applications should be presented.’

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Hailsham Chambers, 24th October 2019

Source: www.hailshamchambers.com

Mum wins £3.2m after eye operation delays left her blind – BBC News

Posted October 29th, 2019 in compensation, delay, hospitals, medical treatment, news, personal injuries by sally

‘A mother of three has been awarded £3.2m in compensation after delays in treating an eye condition led to her going permanently blind.’

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BBC News, 28th October 2019

Source: www.bbc.co.uk

Legal View: Brain injury findings could be landmark in battle to win compensation for stricken ex-players – Daily Telegraph

Posted October 23rd, 2019 in compensation, employment, industrial injuries, negligence, news, personal injuries, psychiatric damage, sport by sally

‘The University of Glasgow’s study is of huge significance in football’s long-running history with brain injury. The fact that neurodegenerative disease was listed as the primary or contributory cause of death amongst so many former players is staggering. This evidence cannot be ignored, the links are known and football’s governing bodies have a responsibility to the players. If they do not now act, they will leave themselves vulnerable to legal claims. The law is clear and football is no different to any other employer-employee relationship. If your employer knows of a risk that can be mitigated and takes no reasonable action to remedy it, then you are looking at legal redress.’

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Daily Telegraph, 22nd October 2019

Source: www.telegraph.co.uk

‘Mixed’ police claims: Court of Appeal confirms QOCS protection is not automatic – UK Police Law Blog

Posted October 22nd, 2019 in civil procedure rules, costs, damages, news, personal injuries, police, statutory interpretation by sally

‘Last year, I wrote a post on this blog discussing a High Court judgment which held that qualified one-way costs shifting (‘QOCS’) protection does not apply automatically in proceedings where a claimant is advancing both a claim for damages for personal injury and a claim other than a claim for damages for personal injury (a “mixed claim”). The claimant’s appeal in in Brown v Commissioner of Police of the Metropolis [2019] EWCA Civ 1724 has now been unanimously dismissed by the Court of Appeal.’

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UK Police Law Blog, 22nd October 2019

Source: ukpolicelawblog.com

Master sets out approach to interim costs in clin neg cases – Litigation Futures

Posted October 22nd, 2019 in civil procedure rules, costs, negligence, news, personal injuries, solicitors by sally

‘The High Court has confirmed that law firms can apply for interim payments on account of costs in medical negligence cases where it may be many years until they conclude, and set out how they should approach them.’

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Litigation Futures, 22nd October 2019

Source: www.litigationfutures.com

Ex-Met detective loses court battle over payout for data breach – The Guardian

Posted October 21st, 2019 in appeals, costs, damages, data protection, disciplinary procedures, human rights, misfeasance in public office, news, personal injuries, police, privacy by sally

‘A former Metropolitan police detective who successfully sued the force for wrongly using its powers to investigate her has lost her eight-year court battle to hold the police to account.’

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The Guardian, 21st October 2019

Source: www.theguardian.com

Credit card lie “made PI claimant fundamentally dishonest” – Litigation Futures

Posted October 17th, 2019 in accidents, appeals, contempt of court, damages, deceit, fundamental dishonesty, news, personal injuries, taxis by sally

‘A personal injury claimant who lied over whether he had credit cards which could have been used to pay for a replacement car, instead of credit hire, was fundamentally dishonest, the High Court has ruled.’

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Litigation Futures, 17th October 2019

Source: www.litigationfutures.com

Master urges APIL and FOIL to agree recordings protocol – Litigation Futures

Posted October 16th, 2019 in admissibility, data protection, evidence, expert witnesses, insurance, news, personal injuries by sally

‘A High Court master has urged the Association of Personal Injury Lawyers and the Forum of Insurance Lawyers to agree a protocol to govern the recording of medico-legal examinations.’

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Litigation Futures, 15th October 2019

Source: www.litigationfutures.com

News ‘Perverse’ MoD legal reforms will harm troops’ rights, warn lawyers – Law Society’s Gazette

Posted October 15th, 2019 in armed forces, civil justice, compensation, consultations, human rights, limitations, murder, news, personal injuries, time limits by sally

‘Legal experts have warned that the government’s plans to restrict claims against the Ministry of Defence are also framed to stop service personnel seeking justice for mistreatment.’

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Law Society's Gazette, 14th October 2019

Source: www.lawgazette.co.uk

New Ferry explosion: Furniture shop owner guilty of causing blast – BBC News

Posted October 15th, 2019 in explosives, fraud, insurance, news, personal injuries by sally

‘A furniture shop owner has been found guilty of deliberately causing an explosion that injured 81 people, in what was an “insurance job gone wrong”.’

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BBC News, 14th October 2019

Source: www.bbc.co.uk

Brain-damaged claimant should not learn of £6.7m award, court rules – Law Society’s Gazette

Posted October 11th, 2019 in compensation, damages, employment, health & safety, industrial injuries, news, personal injuries, psychiatric damage by sally

‘The High Court has taken the unusual step of stopping a personal injury claimant from knowing what compensation he has received.’

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Law Society's Gazette, 10th October 2019

Source: www.lawgazette.co.uk

Trade union firm faces trade union-organised strike – Legal Futures

Posted October 9th, 2019 in budgets, costs, employment, law firms, news, personal injuries, remuneration, trade unions by sally

‘Leading trade union law firm Thompsons is facing a strike over pay – and pickets lines at its offices across the country – organised by a trade union.’

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Legal Futures, 9th October 2019

Source: www.legalfutures.co.uk

Judge upholds strike-out of £2.6m ‘RTA portal’ claim – Litigation Futures

Posted September 2nd, 2019 in abuse of process, news, personal injuries, road traffic, striking out by sally

‘A judge has upheld the striking out of a £2.6m personal injury claim which remained in the RTA portal for almost four years before the claimants admitted it should be transferred.’

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Litigation Futures, 2nd September 2019

Source: www.litigationfutures.com

Is Speeding a Defence? Motorbikes and Contributory Negligence – Zenith PI Blog

Posted September 2nd, 2019 in contribution, defences, motorcycles, news, personal injuries by sally

‘In the majority of road traffic based personal injury claims, speed is often raised as an allegation of negligence. Witness statements abound with comments that the other driver ‘must’ve been speeding’ and even, my personal favourite, that ‘they sounded like they were speeding’. To what extent though does the speed of the other driver absolve the negligent driver? The High Court has considered this question in a recent case involving a motorcyclist, a side road and bank holiday driving.’

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Zenith PI Blog, 30th August 2019

Source: zenithpi.wordpress.com

Budgeting “not inevitable” in catastrophic injury cases – Litigation Futures

Posted August 30th, 2019 in accidents, budgets, civil procedure rules, costs, damages, news, personal injuries, road traffic by sally

‘Costs budgeting is not “inevitable” in high-value injury cases and lawyers should consider whether the best approach may be to dispense with it altogether, a leading practitioner has suggested.’

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Litigation Futures, 29th August 2019

Source: www.litigationfutures.com