‘The High Court has held in Commissioner of Police of the Metropolis v Brown [2018] EWHC 2046 (Admin) 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”).’
UK Police Law Blog, 28th August 2018
Source: ukpolicelawblog.com
‘The rhetoric is heating up ahead of the second reading of the Civil Liability Bill in the House of Commons next week, with the Motor Accident Solicitors Society (MASS) and Association of British Insurers (ABI) both speaking out yesterday.’
Legal Futures, 30th August 2018
Source: www.legalfutures.co.uk
‘Victims will find it harder to secure compensation from employers under plans to double the lower limit for recovering costs in minor injury cases, the Ministry of Justice has been warned.’
The Guardian, 29th August 2018
Source: www.theguardian.com
‘The big claims management companies (CMCs) will be hit hardest by fee increases planned by the Financial Conduct Authority (FCA) to fund the £17m cost of their new regulatory regime, it has emerged.’
Legal Futures, 23rd August 2018
Source: www.legalfutures.co.uk
‘A claimant who suffered a genuine injury – but admitted being dishonest about the extent of his symptoms tripping in a pothole – has lost his argument that was not fundamentally dishonest.’
Litigation Futures, 20th August 2018
Source: www.litigationfutures.com
‘This note is intended to set out how medical opinion in relation to and the Court’s approach to “shaken baby syndrome” have developed.’
Six Pump Court, 22nd March 2018
Source: www.6pumpcourt.co.uk
‘Councils last year paid £2.1m in compensation to pedestrians who tripped on pavements, according to freedom of information requests from motoring organisation the AA.’
Local Government Lawyer, 15th August 2018
Source: www.localgovernmentlawyer.co.uk
‘A High Court judge has allowed a bus company’s application for committal proceedings to go ahead against two dishonest former claimants who said they had serious whiplash injuries from a minor traffic collision, when CCTV showed otherwise.’
Litigation Futures, 13th August 2018
Source: www.litigationfutures.com
‘The High Court has dismissed the first test case brought as part of a second wave of Mau Mau group litigation, following the British government’s settlement of over 5,000 claims for £19.9m in 2013.’
Litigation Futures, 10th August 2018
Source: www.litigationfutures.com
‘More types of poor conduct by claimant solicitors in the holiday sickness market have been uncovered, their regulator has warned.’
Legal Futures, 10th August 2018
Source: www.legalfutures.co.uk
‘Anna Beale represented the claimant, Ms Ajayi, a migrant domestic worker, in this unusual High Court claim brought against her former employers, Mr and Mrs Abu, for payment of the minimum wage, harassment, breach of contract and personal injury. In August 2017, the court found that the “family worker” exemption to the requirement to pay the minimum wage did not apply in this case. The quantification of that claim, together with Ms Ajayi’s other claims, was dealt with in a further hearing, the final judgment from which has recently been released.’
Cloisters, 11th July 2018
Source: www.cloisters.com
‘Kimathi & Ors v Foreign and Commonwealth Office [2018] EWHC 1305 (QB). Stewart J has recently dismissed the first test case in this group litigation, in which over 40,000 Kenyans bring claims for damages against the UK Foreign & Commonwealth Office, alleging abuse during the Kenyan Emergency of the 1950s and early 1960s, in Kimathi & Others v The Foreign and Commonwealth Office [2018] EWHC 2066 (QB). Jo Moore discusses this in her blog post of 6 August 2018.
Earlier this year however he considered, as a preliminary matter, whether fear, caused either by the tort of negligence or trespass, amounts to personal injury so that the Court has the discretionary power to exclude the 3-year limitation period which arises under section 11 of the 1980 Act. Stewart J concluded that “despite the comprehensive and innovative submissions of the Claimants” (para 37), which included arguments on human rights grounds, fear did not amount to a personal injury.’
UK Human Rights Blog, 7th August 2018
Source: ukhumanrightsblog.com
‘The Court of Appeal has unanimously rejected a compensation claim brought by a schizophrenic woman who stabbed her mother to death.’
Litigation Futures, 7th August 2018
Source: www.litigationfutures.com
‘Cardiotocography traces form a central piece of documentary evidence in litigation related to adverse perinatal outcomes, which are alleged to have arisen due to events that took place during the labour and/or delivery of the baby. Cardiotocography is therefore an important element to get to grips with for any practitioner when working on birth injury cases. Errors in electronic fetal heart rate monitoring or cardiotocography are a common theme in such cases with injuries to the baby including cerebral palsy, stillbirth and scarring and injuries to the mother including damage to the mother’s perineum or vagina resulting in disability which limits sexual intercourse, lack of control of bladder/bowel function and of course psychological or psychiatric sequelae. A recent review by NHS Resolution in September 2017 found that 32 out of the 50 cerebral palsy cases looked at, involved errors of cardiotocography interpretation. This article is a beginner’s guide to cardiotocography for application in medical negligence cases.’
No. 5 Chambers, 31st July 2018
Source: www.no5.com
‘This was a noise induced hearing loss claim where the claimant had issued against 6 Defendants. On 12 December 2016, the claimant compromised its claim against D4 – D6. That compromise was in the form of a Tomlin order. It ordered that all further proceedings in respect of the claims against D4- D6 were stayed, except for the purposes of carrying out the agreed terms of settlement, which were set out in a separate schedule.’
Park Square Barristers, 24th July 2018
Source: www.parksquarebarristers.co.uk
‘A marketing company that made nuisance personal injury calls to people registered with the Telephone Preference Service (TPS) has been fined £100,000.’
Legal Futures, 3rd August 2018
Source: www.legalfutures.co.uk
‘A circuit judge was wrong to order that qualified one-way costs shifting (QOCS) automatically applied to a claim about misuse of data because it also included a personal injury (PI) element, the High Court has ruled.’
Litigation Futures, 1st August 2018
Source: www.litigationfutures.com
‘The Court of Appeal is to rule on the legality of what has become the industry model for handling low-value personal injury claims, with firms charging clients a 100% success fee as standard.’
Litigation Futures, 26th July 2018
Source: www.litigationfutures.com
‘Fixed costs apply to low-value claims even when the defendant has waited more than 18 months to settle the claim, the Court of Appeal ruled today. In the long-awaited Hislop v Perde judgment, Lord Justice Coulson said the claimant could not argue that the delay – even with no apparent justification – triggered an ‘exceptional circumstances’ provision set out in Civil Procedure Rules.’
Law Society's Gazette, 23rd July 2018
Source: www.lawgazette.co.uk
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