‘The Civil Justice Council (CJC) group asked by the Ministry of Justice to investigate noise-induced hearing loss (NIHL) claims is to look at how a fixed-costs regime might work, it has been announced.’
Litigation Futures, 28th September 2015
Source: www.litigationfutures.com
‘The fact that competition over success fees has not developed, as Lord Justice Jackson hoped it would, is down to both consumer ignorance and solicitors’ reluctance to do it, according to the judge who last month cast doubt on the widespread personal injury charging model.’
Litigation Futures, 22nd September 2015
Source: www.litigationfutures.com
‘Jackson-v-Murray, which has been recently reported at [2005] PIQRP 249 deals directly or indirectly with three important issues: (1) the extent to which a higher court can interfere with an assessment of contributory negligence by the trial judge or by an appeal court; (2) the assessment of contributory negligence of children; (3) the assessment of the proportions of liability of drivers of vehicles and pedestrians with whom they come into collision.’
Zenith PI Blog, 10th September 2015
Source: www.zenithpi.wordpress.com
‘It is hard to escape the notion that the rise in the number of secondary victim claims in recent years owes its success to the amorphous concept of ‘proximity’. The test of proximity itself is well established: a secondary victim claimant can only establish a claim in law as a result of witnessing an event or its immediate aftermath. Establishing proximity does not pose much of a problem if the claimant has witnessed an accident itself; what remains controversial is defining the limit of “the event” and its “immediate aftermath”. Having looked at the decisions of the Courts on this issue, one would be forgiven for thinking that the boundaries are imposed somewhat arbitrarily. ‘
Hardwicke Chambers, 29th July 2015
Source: www.hardwicke.co.uk
‘It had been 10 years since a secondary victim claim had reached the Court of Appeal when the important Taylor v A.Novo(UK) Ltd. [2014] QB 150 case was decided, in March 2013. By contrast, the last six months have seen a series of key decisions illustrating the approach first-instance Courts will take in the light of Taylor, namely Wild v Southend NHS; Brock v Northampton NHS; Berisha v Stone Superstore; Shorter v Surrey & Sussex NHS and culminating in another landmark Appeal decision in Liverpool Women’s Hospital NHS Foundation Trust v Ronayne [2015] EWCA Civ 588.’
Full story
Hardwicke Chambers, 29th August 2015
Source: www.hardwicke.co.uk
O’Brien v Shorrock and another [2015] EWHC 1630 (QB); [2015] WLR (D) 366
The obligation under paragraph 19.4 of the CPR Practice Direction 44, since amended, was to inform the other party, by the notice of funding, of the date when a conditional fee agreement with retrospective effect was made rather than the earlier date when it came into effect.
WLR Daily, 12th June 2015
Source: www.iclr.co.uk
‘A claim brought on behalf of two children hurt in an accident has thrown doubt on the use of success fees, and on the unintended consequences of scrapping legal aid in such cases.’
The Guardian, 21st August 2015
Source: www.guardian.co.uk
‘The Supreme Court is to rule on whether an insurer can reopen a settled case to revive an allegation of fraud.’
Litigation Futures, 14th August 2015
Source: www.litigationfutures.com
‘A model and semi-professional footballer has this week been jailed for two months for making up a personal injury claim.’
Law Society’s Gazette, 12th August 2015
Source: www.lawgazette.co.uk
‘A judge has told a litigant-in-person that a road traffic accident (RTA) she was involved in was not to blame for her failure to secure a training contract.’
Legal Futures, 10th August 2015
Source: www.legalfutures.co.uk
‘A council has admitted wrongly using the Working Time Regulations to refuse the direct payments they assessed a young man as needing, following an investigation by the Local Government Ombudsman.’
Local Government Lawyer, 6th August 2015
Source: www.localgovernmentlawyer.co.uk
‘A firm responsible for bombarding people with millions of nuisance calls has become the first to be fined under new claims management regulation powers.’
Ministry of Justice, 5th August 2015
Source: www.gov.uk/government/organisations/ministry-of-justice
‘Zimran Samuel, barrister of 42 Bedford Row, comments on Mr Justice Peter Jackson’s recent judgment concerning an infant with vitamin D deficiency induced rickets who had suffered multiple fractures.’
Family Law week, 30th July 2015
Source: www.familylawweek.co.uk
‘A claimant is entitled to the protection of qualified one-way costs shifting (QOCS) even though she signed an earlier conditional fee agreement (CFA) for the same injury under the old rules, a regional costs judge has ruled.’
Litigation Futures, 4th August 2015
Source: www.litigationfutures.com
‘Spencer Vaughan was a Royal Marine taking part in an adventure training exercise in Gran Canaria. On the last day of the trip, his supervisor, Corporal Sanders told Spencer and his colleagues that they were free to do what they wanted until about 1.30pm. While visiting a tourist beach, Vaughan executed a shallow dive into the sea. At trial, he said that he had struck a sand bar. As a result he sustained a fracture of the cervical spine, which resulted in incomplete tetraplegia.’
Law Society’s Gazette, 3rd August 2015
Source: www.lawgazette.co.uk
‘In 2009, the Claimant had been in the army and his role was as a HGV driver. He had been taking part in a field exercise in freezing weather and snow for six days having been provided with unsatisfactory footwear. The Claimant suffered a non-freezing cold injury to his feet. Despite treatment he still suffered symptoms in cold weather but was assessed as fit for service. The Claimant obtained an early termination of military service in 2011 because of family commitments. Due to the ongoing symptoms in his feet he issued a claim for damages against the MOD. Liability was agreed at 75% but the parties could not agree quantum.’
Zenith PI Blog, 31st July 2015
Source: www.zenithpi.wordpress.com
‘In a wide-ranging decision earlier this month, the Court of Appeal has clarified a number of key questions on jurisdiction where an accident happens abroad during a holiday booked from UK. Most significantly, Arden LJ (giving the leading judgment) held that direct damage in the jurisdiction is required to come within the tort jurisdictional gateway in the CPR, effectively overruling earlier first instance decisions that indirect or consequential damage was sufficient. While this would prevent many overseas accidents from being litigated in the UK, Arden LJ did carve out an exception for Fatal Accident Act claims, which she considered involved “direct damage” in the UK. She also took the opportunity to provide her own “gloss” on the so-called “Canada Trust gloss”. Peppered throughout the judgment are some blistering but instructive observations on defective witness statements.’
Henderson Chambers, 24th July 2015
Source: www.hendersonchambers.co.uk
‘The time bar prescribed by article 16 of the Convention relating to the Carriage of Passengers and their Luggage by Sea, scheduled to the Merchant Shipping Act 1979, for the bringing of claims against a carrier did not apply to claims against a carrier for contribution in respect of the liability of others to the passenger.’
WLR Daily, 15th July 2015
Source: www.iclr.co.uk
‘The Ministry of Justice (MoJ) today brought forward its planned six-month review of MedCo in response to the problems that have been encountered so far.’
Litigation Futures, 16th July 2015
Source: www.lititgationfutures.co.uk
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