‘Solicitors who received the £400 stage 1 fixed-costs payment due under the original version of the RTA protocol do not have to repay the money even though no action was then taken on their cases, the Court of Appeal has ruled.’
Litigation Futures, 16th May 2017
Source: www.litigationfutures.com
‘Where solicitors have negligently failed to advise a client to pursue a particular claim, they will be deemed to have caused loss if their client can show that it would have brought the claim if so advised, and that it would have had a real prospect of success, the Court of Appeal has said.’
OUT-LAW.com, 16th May 2017
Source: www.out-law.com
‘Appeal judges have rejected the pleas of a claimant who, faced by two law firms with similar names set up by the same solicitor, sued the wrong one.’
Legal Futures, 16th May 2017
Source: www.legalfutures.co.uk
‘Many lawyers are in denial about the toll traumatic cases can take on them and their work. Time to drop the stiff upper lip, says Lee Moore.’
Legal Voice, 11th May 2017
Source: www.legalvoice.org.uk
‘Government plans to impose fixed costs on clinical negligence cases worth up to £25,000 “will prevent many cases being brought”, the Civil Justice Council (CJC) has warned.’
Litigation Futures, 11th May 2017
Source: www.litigationfutures.com
‘Godfrey Morgan Solicitors (A Firm) v Michael Arms [2017] EWCA Civ 323. The Appellant firm of solicitors appealed against the decision of a first instance appeal which determined that it had been properly added as a Defendant to a claim for professional negligence despite the prior expiry of the relevant limitation period.’
Zenith PI, 8th May 2017
Source: www.zenithpi.wordpress.com
‘Mr Darnley, the Claimant, was assaulted. He received a head injury. His friend drove him to a nearby A & E department. The hospital in question operated a commonly used system; a “civilian” (i.e., non-clinically qualified) receptionist would take the patient’s basic details. The patient would then be assessed within 30 minutes by a triage nurse, who would decide on the best course of action. Urgent cases would be prioritised.’
Zenith PI, 9th May 2017
Source: www.zenithpi.wordpress.com
‘The High Court has upheld a ruling that disapplied qualified one-way costs-shifting (QOCS) under the little-used exception relating to “mixed” claims, and in what is said to be the first case of its type, where the personal injury (PI) element was found to be a relatively minor part of the wider claim.’
Litigation Futures, 9th May 2017
Source: www.litigationfutures.com
‘The Association of Personal Injury Lawyers (APIL) has called for a “predictable claim process” for clinical negligence actions if the government goes ahead with its plan to impose fixed costs for cases worth up to £25,000.’
Litigation futures, 2nd May 2017
Source: www.litigationfutures.com
‘Legislation that would radically change the personal injury market and overhaul the courts has been dropped in the runup to the general election.’
Law Society’s Gazette, 20th April 2017
Source: www.lawgazette.co.uk
‘The decision of the Upper Tribunal in VG -v- CICA [2017] UKUT 0049 (AAC) is important reading for anyone involved in advising in fatal claims. In essence a High Court action was rendered valueless because the damages awarded were offset by the CICA. It shows the need to think long and hard before issuing civil proceedings when there may be an easier (and cheaper) alternative of an application under the Criminal Injuries Compensation Scheme.’
Zenith PI Blog, 19th April 2017
Source: www.zenithpi.wordpress.com
‘Pupil mishaps including a blindfolded child running into a goalpost and pupil hit by a cricket ball have cost schools £7m in three years, it has emerged. Figures obtained by the BBC reveal an apparent doubling in school payouts from £1.65m in 2014 to £3.45m in 2016.’
BBC News, 7th April 2017
Source: www.bbc.co.uk
‘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 2017
Source: www.6pumpcourt.co.uk
‘In the 2015 autumn statement the then Chancellor announced proposals for whiplash claims and an increase to the small claims limit in personal injury actions. The Government has now published its Consultation response.’
Cloisters, 30th March 2017
Source: www.cloisters.com
‘A former senior judge has expressed alarm at the way the government is rushing to “neutralise” the impact of the Lord Chancellor’s decision to cut the discount rate to -0.75%, based on what he says is a flawed consultation and without considering the effect on injured people.’
Litigation Futures, 6th April 2017
Source: www.litigationfutures.com
‘Law firms will no longer be able to tout for business inside hospitals under plans unveiled by the NHS.’
Daily Telegraph, 31st March 2017
Source: www.telegraph.co.uk
‘Five police officers will not face criminal charges over the way they dealt with a man who broke his neck outside a nightclub, the BBC has been told.’
BBC News, 29th March 2019
Source: www.bbc.co.uk
‘On 27th February, Elizabeth Truss announced her decision to lower the Discount Rate from 2.5% to minus 0.75% in accordance with the law and in her capacity as independent Lord Chancellor.’
Litigation Futures, 23rd March 2017
Source: www.litigationfutures.com
‘A High Court master has allowed a party’s bid to withdraw a part 36 offer ahead of the new discount rate coming into force on Monday, even though they used a defective method to deliver it.
Litigation Futures, 23rd March 2017
Source: www.litigationfutures.com
‘On 22.3.17 I represented the Defendant’s insurers at a Stage 3 road traffic accident assessment of damages hearing before Deputy District Judge Lingard in the Leeds County Court, at which the rates of charge recoverable for physiotherapy treatment received by the Claimant were limited to the rates charged by the physiotherapist whose treatment was offered by the Defendant’s insurers.’
Zenith PI Blog, 22nd March 2017
Source: www.zenithpi.wordpress.com
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