Fixed costs only where pre-action protocol not followed – Zenith PI
‘An unreasonable failure to follow the Pre-Action Protocol for Low Value Personal Injury.’
Zenith PI, 1st May 2018
Source: zenithpi.wordpress.com
Category: personal injuries
Reduced hourly rates for incurred costs and damages far lower than claimed “not good reasons” to depart from budget – Litigation Futures
‘Master Rowley has become the latest judge to rule that a reduction in hourly rates for incurred costs is not a good reason to do the same to budgeted costs.’
Litigation Futures, 1st May 2018
Source: www.litigationfutures.com
The fruits of iniquity: RTA Protocol fixed costs and the solicitor’s lien – Zenith PI
‘On 18th April 2018 the Supreme Court gave judgment in Gavin Edmondson Solicitors Ltd v Haven Insurance Company Ltd. The case represents an important victory for Claimant solicitors, who would be well advised to review their files for previous cases falling within its ambit.’
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
Can you run in school? – The duty of care owed to school children after Pook v Rossall – Zenith PI
‘The shouts from teachers of “don’t run”, “slow down” and “keep to the left” echo around the corridors of schools up and down the country. Whilst chalk boards have given way to SMART boards these commands have stood the test of time but are they still applicable today? What standards are expected of schools to protect students especially in the giddy excitement of a PE lesson? The High Court appeal in Pook v Rossall School [2018] All ER (D) 113 (Mar) considers the issue.’
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
Fundamental Dishonesty or Fundamental Miscommunication? – Zenith PI
‘In Wright v Satellite Information Services Limited [2018] EWHC 812 (QB) the Defendant appealed against the decision of the trial judge, HHJ Pearce, who refused to make a finding of fundamental dishonesty within the meaning of section 57 of the Criminal Justice and Courts Act 2015.
Zenith PI, 27th April 2018
Source: zenithpi.wordpress.com
Insurer must compensate solicitor whose clients it induced to settle – OUT-LAW.com
‘An insurer which offered to settle directly with personal injury claimants who had filed notices of their claims on the Road Traffic Accidents Portal (RTA Portal) must compensate the claimants’ solicitors, who would otherwise have been entitled to costs by virtue of a conditional fee agreement (CFA).’
OUT-LAW.com, 20th April 2018
Source: www.out-law.com
Court of Appeal finds way to apply fixed costs to EL case wrongly run outside portal – Litigation Futures
‘A claimant who wrongly began and settled their claim for noise-induced hearing loss outside of the EL/PL protocol should be limited to fixed costs under the provisions that penalise poor conduct in costs, the Court of Appeal has ruled.’
Litigation Futures, 23rd April 2018
Source: www.litigationfutures.com
Justice minister uncompromising on whiplash reforms and says more fixed costs are on the way – Legal Futures
‘Justice minister Lord Keen today set the stage for next week’s House of Lords debate on the Civil Liability Bill with an uncompromising message that there are “too many unmeritorious whiplash claims made each year which proceed without challenge or investigation”.’
Legal Futures, 17th April 2018
Source: www.legalfutures.co.uk
High Court: claimant who gave “misleading impression” not fundamentally dishonest – Litigation Futures
‘A personal injury claimant who gave a “misleading impression” of his injuries was not fundamentally dishonest, the High Court has ruled.’
Litigation Futures, 17th April 2018
Source: www.litigationfutures.com
‘Overstated’ PI claim was not fundamental dishonesty, appeal rules – Law Society’s Gazette
‘The High Court has refused to overturn a personal injury ruling despite defendant lawyers arguing that the judge should have found the claim to be “fundamentally dishonest”.’
Law Society's Gazette, 17th April 2018
Source: www.lawgazette.co.uk
Sri Lankan wins lawsuit against NHS as midwives fail to explain why she needed to feed her son due to language barrier – Daily Telegraph
‘A Sri Lankan refugee who could not speak English has won a legal battle against the NHS after her child was brain damaged after hospital staff did not explain the importance of feeding a newborn.’
Daily Telegraph, 13th April 2018
Source: www.telegraph.co.uk
Personal Injury and the tort of deceit – Zenith Chambers
‘In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident. ‘
Zenith Chambers, 27th March 2018
Source: www.zenithchambers.co.uk
Supreme Court expedites key case on liability of social services authorities – Local Government Lawyer
‘The Supreme Court has expedited the hearing of a key case over the liability of social services authorities.’
Local Government Lawyer, 5th April 2018
Source: www.localgovernmentlawyer.co.uk
Violist wins against Royal Opera House for hearing loss – UK Human Rights Blog
‘The ROH has been found liable for failing to protect the hearing of its musicians and for causing acoustic shock to former viola player Chris Goldscheider. This is the first time a musical institution has been found responsible for damage to the hearing of musicians, and the first time that acoustic shock as been recognised as an injury sounding in damages.’
UK Human Rights Blog, 2nd April 2018
Source: ukhumanrightsblog.com
UK government confirms changes to discount rate calculation method – OUT-LAW.com
‘The way in which the discount rate applied to lump sum personal injury payments is calculated will be changed in order to “better reflect evidence of actual investment habits”, the UK government has confirmed.’
OUT-LAW.com, 28th March 2018
Source: www.out-law.com
Sensitisation to allergy is physical injury – Supreme Court – UK Human Rights Blog
‘Dryden and Others v Johnson Matthey [2018] UKSC 18. We are all made of stuff, and that stuff is not inert because it’s organic matter. Changes at the molecular level happen all the time, through cell death and replenishment, growth and the constant attrition caused by cosmic radiation on our DNA. Other changes are wrought by the environment or other organisms. Some changes are beneficial, even life saving, such as the removal of an appendix or the insertion of a pacemaker. The production of antibodies by vaccination have eradicated many diseases. Most of the time the body manages this itself. Every time certain cells in the blood encounter a foreign invader, they recruit the immune system to come up with a focussed weapon. This is an antibody, which lies dormant until the threat (the antigen) arises again. Antibodies are good things to have around until they’re provoked by enemies akin to the ones that created them, whereupon the body produces an allergic reaction to get rid of the toxin/allergen.’
UK Human Rights Blog, 23rd March 2018
Source: ukhumanrightsblog.com
Personal Injury and the tort of deceit – Zenith PI
‘UK Insurance Ltd –v- Gentry [2018] EWHC 372B. In this High Court action a road traffic insurer recovered damages in the tort of deceit against the Defendant following a staged accident.’
Zenith PI, 27th March 2018
Source: zenithpi.wordpress.com
Whiplash reforms could cost claimant lawyers £80m, government says – Legal Futures
‘The whiplash reforms could cost claimant lawyers £80m in lost fees a year, the Ministry of Justice (MoJ) said yesterday as it unveiled its final impact assessment (IA) of the changes contained in the Civil Liability Bill.’
Legal Futures, 22nd March 2018
Source: www.legalfutures.co.uk
Supreme Court decision today: salt sensitisation is an actionable injury – Zenith PI
‘In the judgment today in Dryden and others (Appellants) v Johnson Matthey Plc (Respondent) [2018] UKSC 18 the Supreme Court held, unanimously, that exposure to platinum salts that led the claimants to develop platinum salt sensitisation did give rise to a cause of action.’
Zenith PI, 21st March 2018
Source: zenithpi.wordpress.com
