‘The number of personal injury claims registered with the Compensation Recovery Unit (CRU) increased marginally over the last year, but still remain low compared to recent history.’
Legal Futures, 31st May 2019
Source: www.legalfutures.co.uk
‘Trends in personal injury claims since LASPO, with damages falling, are an “affront to justice”, the new president of the Association of Personal Injury Lawyers (APIL) has claimed.’
Litigation Futures, 21st May 2019
Source: www.litigationfutures.com
‘A judge has been criticised by the Court of Appeal for failing to take into account tactics used by “unscrupulous claimants and lawyers”, particularly in noise-induced hearing loss (NIHL) cases.’
Litigation Futures, 21st May 2019
Source: www.litigationfutures.com
‘The High Court has thrown out a personal injury claim – without letting the case go to full quantum trial – after the litigant presented an ‘egregiously untrue picture’ of his disabilities.’
Law Society's Gazette, 16th May 2019
Source: www.lawgazette.co.uk
‘Clinical negligence claims could be handled by a tribunal under a new test for liability of whether the patient has suffered ‘reasonably avoidable injury’, Sir Rupert Jackson has proposed.’
Litigation Futures, 17th May 2019
Source: www.litigationfutures.com
‘Personal Injury analysis: Frances Lawley, barrister at Zenith Chambers, explores the decision in British Airways Plc v Prosser, which found that a solicitor can recover VAT on a medical reporting organisation fee.’
Zenith PI Blog, 9th May 2019
Source: zenithpi.wordpress.com
‘Despite the return of the courts on Monday, it was another relatively light week in terms of decisions in the fields of public law and human rights. However, the High Court decided a number of interesting clinical negligence cases, whilst the Court of Appeal gave judgement in the case of TM (Kenya), R (On the Application Of) v Secretary of State for the Home Department [2019] EWCA Civ 784.’
UK Human Rights Blog, 7th May 2019
Source: ukhumanrightsblog.com
‘The Advertising Standards Authority (ASA) has upheld a complaint against a claims management company whose advertising implied that birth injuries were only caused by medical negligence.’
Litigation Futures, 1st May 2019
Source: www.litigationfutures.com
‘An employment tribunal has said it would be “wholly inappropriate” to strike out a disability discrimination claim against a law firm from a legal secretary suffering from depression.’
Legal Futures, 2nd May 2019
Source: www.legalfutures.co.uk
‘Amendments to CPR r.39.2; new Guidance issued by the Master of the Rolls; and a recent High Court decision refusing anonymity to a claimant prompt this review of anonymity orders in personal injury proceedings.’
UK Human Rights Blog, 30th April 2019
Source: ukhumanrightsblog.com
‘The High Court has ordered Cardiff-based Hugh James to pay six-figure damages to the family of an asbestos victim for professional negligence in abandoning their personal injury claim.’
Legal Futures, 1st May 2019
Source: www.legalfutures.co.uk
‘A failure to pay a trial fee can result in qualified one-way costs shifting (QOCS) being disapplied on strike-out, a judge has ruled.’
Litigation Futures, 29th April 2019
Source: www.litigationfutures.com
‘The courts have made clear they will be prepared to apply fixed costs to cases which have long since breached the £25,000 limit. Two judgments that have emerged over the past week show examples of judges considering fixed recoverable costs where the personal injury claims had exited the pre-action protocol.’
Law Society's Gazette, 24th April 2019
Source: www.lawgazette.co.uk
‘The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.’
Litigation Futures, 23rd April 2019
Source: www.litigationfutures.com
‘The impending change to the discount rate means a focus on old part 36 offers, accommodation claims and cases that have settled but still require court approval, a leading defendant lawyer has said.’
Litigation Futures, 16th April 2019
Source: www.litigationfutures.com
‘A prison officer left with permanent brain damage after an attack at a children’s jail run by G4S has spoken about his continued belief in rehabilitation after receiving a “substantial” settlement from his former employer.’
The Guardian, 12th April 2019
Source: www.theguardian.com
‘Assessing the demands of social justice in cases involving vicarious liability is “not a one-way street” for accident victims, a High Court judge has said.’
Litigation Futures, 11th April 2019
Source: www.litigationfutures.com
‘1826 Zambian citizens issued proceedings against Zambian company KCM and Vedanta (KCM’s ultimate parent company) for personal injury, damage to property and loss of income, amenity and enjoyment of land as a result of pollution and environmental damage caused by discharges of harmful effluent from the Nchanga mine since 2005. Vedanta was served within the jurisdiction, while KCM was served out of the jurisdiction, with permission obtained on a without notice application. In September and October 2015 Vedanta and KCM respectively applied for declarations that the court lacked jurisdiction to try the claims or, alternatively, that it should not exercise such jurisdiction that it might have. Coulson J dismissed those applications. The Court of Appeal upheld the dismissal of those applications.’
UKSC Blog, 10th April 2019
Source: ukscblog.com
‘A paralegal subjected to f-word tirades by the senior partner of a London law firm has been awarded £47,000 by an employment tribunal – less than 5% of the value of her claim.’
Legal Futures, 5th April 2019
Source: www.legalfutures.co.uk
‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’
Litigation Futures, 3rd April 2019
Source: www.litigationfutures.com
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