‘Yesterday’s announcement of how the Ministry of Justice intends to reform the discount rate and publication of the National Audit Office’s (NAO) report on clinical negligence claims drew predictably opposing responses from claimant and defendant groups.’
Litigation Futures, 8th September 2017
Source: www.litigationfutures.com
‘Marsh v Ministry of Justice (2017) QBD is a timely reminder of the need for parties to consider Alternative Dispute Resolution (ADR) in personal injury claims.’
Zenith PI, 5th September 2017
Source: zenithpi.wordpress.com
‘The lord chancellor has set out long-awaited proposals for calculating the “discount rate” applied to personal injury settlements. Under proposed legislation, the rate will be set by reference to rates of return on “low risk” rather than “very low risk” investments as at present. The rate will also be reviewed at least every three years.’
Law Society's Gazette, 7th September 2017
Source: www.lawgazette.co.uk
‘A claims management company (CMC) has withdrawn a YouTube advert designed to generate holiday sickness claims after the Advertising Standards Authority (ASA) ruled that it was misleading.’
Legal Futures, 6th September 2017
Source: www.legalfutures.co.uk
‘Lord Justice Jackson has expressed his contempt for a firm that recruited a claimant and ‘turned his head’ to bring negligence proceedings. In the Court of Appeal Jackson said it was ‘regrettable’ that north west firm Mellor Hargreaves had persuaded a former miner to bring an action against his previous solicitors to ‘top up’ a damages award.’
Law Society's Gazette, 5th September 2017
Source: www.lawgazette.co.uk
‘Crawley v Barnsley MBC [2017] 1WLR 2329 may well have surprised both local authorities and those who follow the law reports. It strikes one as very much a decision on its own facts and typical of the numerous cases which these days clutter the Lexis reports. If it does indeed state a matter of principle, it may be thought a singular advance on previous authorities.’
Zenith PI, 26th July 2017
Source: zenithpi.wordpress.com
‘One of the killers of Stephen Lawrence has been granted legal aid in a battle to get compensation from the Government after he was allegedly beaten up in prison.’
Daily Telegraph, 25th July 2017
Source: www.telegraph.co.uk
‘In Howe v Motor Insurers’ Bureau [2017] EWCA obligation 932, Mr Howe was driving a lorry in France on 30 March 2007 when a wheel detached from a lorry in front of him. The resulting accident left him paraplegic. Neither the other vehicle nor its driver was ever traced. He submitted a claim to the Motor Insurers’ Bureau and its French equivalent, but after a time he was told by the French that his claim was out of time. Consequently, he issued proceedings against the British MIB directly, seeking to enforce his rights under regulation 13 of the Motor Vehicles (Compulsory Insurance) (Information Centre and Compensation Body) Regulations 2003 (the regulations). That claim was struck out because it was out of time. The MIB now sought to recover its costs of defending the proceedings.’
Law Society's Gazette, 24th July 2017
Source: www.lawgazette.co.uk
‘Uncertainty regarding a claimant’s prognosis is part of the usual risk of personal injury litigation and not enough to justify disapplying the usual consequences of accepting a part 36 offer out of time, the Court of Appeal has ruled.’
Litigation Futures, 26th July 2017
Source: www.litigationfutures.com
‘The Civil Procedure Rule Committee has decided against changing the financial threshold for costs budgeting in high-value personal injury cases, despite the prospect of the new discount rate taking a significant number of claims out of the regime.’
Litigation Futures, 17th July 2017
Source: www.litigationfutures.com
‘Personal injury (PI) lawyers may have experienced a powerful sense of deja vu last week when the government announced a review of fees in holiday sickness claims. The same apocalyptic warnings of rampant fraud; the same incessant lobbying from a trade body. And ultimately the same solution – fixed costs – provided by ministers who would rather the whole thing just went away.’
Law Society's Gazette, 17th July 2017
Source: www.lawgazette.co.uk
‘Travel company Thomas Cook says it has won a legal victory against a fake holiday sickness claim and plans to challenge other such claims in court.’
BBC News, 11th July 2017
Source: www.bbc.co.uk
‘In Dodd v Raebarn Estates Ltd and others [2017] EWCA Civ 439 the Court of Appeal gave brief but useful guidance on the correct approach to summary judgment applications.’
Zenith PI Blog, 10th July 2017
Source: zenithpi.wordpress.com
‘Qualified one-way costs shifting (QOCS) does apply for the benefit of a paralysed lorry driver who had his claim struck out against the Motor Insurance Bureau (MIB), the Court of Appeal has ruled, overturning the High Court.’
Litigation Futures, 10th July 2017
Source: www.litigationfutures.com
‘A claimant severely injured in a crash with an unknown motorist is entitled to costs protection against a compensatory body, the Court of Appeal has ruled.’
Law Society's Gazette, 7th July 2017
Source: www.lawgazette.co.uk
‘The profession should soon have an answer to the question of when a conditional fee agreement (CFA) can be assigned from one law firm to another as the Court of Appeal is hearing a test case today.’
Litigation Futures, 5th July 2017
Source: www.litigationfutures.com
‘The substantive claim was a straight forward, low value personal injury claim arising out of a road traffic accident. Liability was admitted. Trial directions were given, requiring witness statements to be served by 3rd November 2016. At the eleventh hour, the Claimant’s solicitors sought an extension of two weeks from the Defendant, which was agreed (an “indulgence” in the view of the judge on appeal).’
Park Square Barristers, 27th June 2017
Source: www.parksquarebarristers.co.uk
‘On 31st March 2017 Recorder Hatfield QC, sitting at Liverpool County Court, dismissed the claim in Stanton v Hunter pursuant to section 57 of the Criminal Courts and Justice Act 2015 (judgment available on Lawtel). The Defendant admitted primary liability but alleged contributory negligence in response to the claim for damages as a result of personal injuries arising from an accident which occurred whilst he was working on the Defendant’s property. Following a two-day trial, the Judge found although the Claimant had suffered a genuine injury, he had deliberately and dishonestly exaggerated the extent of his symptoms and in particular his ability to work and dismissed the entire claim.’
Park Square Barristers, 19th June 2017
Source: www.parksquarebarristers.co.uk
‘Langstaff J upheld on appeal a first instance decision dismissing a claimant’s claim for injury when he fell from a horse.’
Park Square Barristers, 23rd June 2017
Source: www.parksquarebarristers.co.uk
‘The European Court of Justice has been accused of undermining Britain’s vaccination programme after ruling that patients can sue for illnesses they believe were caused by jabs, even when there is no scientific evidence.’
Daily Telegraph, 22nd June 2017
Source: www.telegraph.co.uk
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