APIL anger over discount rate delay – Litigtion Futures

Posted August 26th, 2014 in damages, delay, Ministry of Justice, news, personal injuries by sally

‘The Association of Personal Injury Lawyers (APIL) has reacted angrily to confirmation from the Ministry of Justice (MoJ) of a further delay to the review of the discount rate for personal injury cases.’

Full story

Litigtation Futures, 26th August 2014

Source: www.litigationfutures.com

New ‘fundamental dishonesty’ rule may act “as deterrent”, MoJ says – Litigation Futures

Posted August 21st, 2014 in compensation, fundamental dishonesty, news, personal injuries by sally

‘The government believes its new ‘fundamental dishonesty” rule could lead not only to the number of personal injury claims being reduced but may “have some form of deterrent effect” against exaggeration, it has emerged.’

Full story

Litigation Futures, 21st August 2014

Source: www.litigationfutures.com

Claimant lawyers hit back over “cynical” part 36 offers – Litigation Futures

‘The Forum of Complex Injury Lawyers (FOCIS) has hit back after a report for the Civil Procedure Rule Committee (CPRC) recommended that part 36 should be reformed, partly to discourage claimant lawyers from making “cynical” offers.’

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Litigation Futures, 20th August 2014

Source: www.litigationfutures.com

Understanding Serious Brain Injury – No. 5 Chambers

Posted August 7th, 2014 in accidents, disabled persons, news, personal injuries, rehabilitation by sally

‘At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second. The first news of a serious traumatic event is shocking, thoughts often turn to simply holding onto life and then anxiety over the serious permanent disability which may follow; in the mind of those involved it is very much the physical disabilities which are at the forefront.’

Full story

No. 5 Chambers, 16th July 2014

Source: www.no5.com

Fair or foul: sport and the law – Henderson Chambers

‘The question is: how does one earn a living in sport? By skill? Hand-eye coordination? Fancy footwork? Fast reactions? By luck? By cheating – and getting away with it? Or none of these. As far as we are concerned, the living is earned in the law. The law by, with, to and from all aspects of sport because a legal principle from every page of every textbook will apply somewhere in the entire spectrum of sports activities on and off the field. Think of the law that applies to staff, betting,merchandising of team brands, the corrections of misdemeanours and their effects, ownership of buildings, copyright issues. If I just do a list, it will go on forever. I do not have “a little list.” Mine is endless and what I propose to do is to follow, if not the rules, then the pattern of sport by touching on a topic haphazardly then running back, in an intellectual sort of way, to the other side of the court before starting again on a different tack. There are so many sporting metaphors to mix.’

Full story (PDF)

Henderson Chambers, 8th July 2014

Source: www.hendersonchambers.co.uk

Whiplash assessment report fees cut to tackle fake claims – BBC News

‘Medical assessment fees for people who claim they have suffered whiplash are to be cut in England and Wales.’

Full story

BBC News, 3rd August 2014

Source: www.bbc.co.uk

Secret deal meant mesothelioma compensation scheme favoured insurers – The Independent

‘A Government compensation scheme supposed to help the families of people killed by exposure to asbestos was too heavily influenced by the insurance lobby, a parliamentary inquiry has found.’

Full story

The Independent, 1st August 2014

Source: www.independent.co.uk

Legislation passed to ban PI inducements – Law Society’s Gazette

‘The government has introduced legislation to clamp down on personal injury inducements from lawyers offering clients money or gifts such as iPads in exchange for pursuing claims.’

Full story

Law Society’s Gazette, 25th July 2014

Source: www.lawgazette.co.uk

Lords agree ‘fundamental dishonesty’ clause – Law Society’s Gazette

Posted July 25th, 2014 in bills, compensation, fraud, fundamental dishonesty, news, personal injuries by sally

‘Peers have agreed to a clause in proposed legislation that gives courts the power to dismiss personal injury claims where the claimant has been “fundamentally dishonest”.’

Full story

Law Society’s Gazette. 24th July 2014

Source: www.lawgazette.co.uk

Manchester Airport tyre blast: Lufthansa and Storm Aviation pay damages – BBC News

Posted July 17th, 2014 in accidents, aircraft, compensation, news, personal injuries by sally

‘An engineer who lost an arm and a leg when a tyre on an aircraft exploded at Manchester Airport has been awarded about £600,000 in damages.’

Full story

BBC News, 16th July 2014

Source: www.bbc.co.uk

Dorothy ‘Cherry’ Groce inquest finds police failures contributed to her death – The Guardian

Posted July 14th, 2014 in grievous bodily harm, inquests, news, personal injuries, police by sally

‘Police failures contributed to the death of a mother whose shooting by an officer triggered the 1985 Brixton riots, an inquest jury has found.’

Full story

The Guardian, 10th July 2014

Source: www.guardian.co.uk

Police blamed over 1985 Cherry Groce Brixton shooting – BBC News

Posted July 11th, 2014 in firearms, inquests, news, personal injuries, police by sally

‘Police failures contributed to Dorothy “Cherry” Groce’s death, whose shooting triggered the 1985 Brixton riots, a jury inquest has found.’

Full story

BBC News, 10th July 2014

Source: www.bbc.co.uk

High Court sets out new procedure to help families of asbestos victims access employment records – Litigation Futures

‘The High Court has set out a new procedure to help the families of workers who died from asbestos-related diseases trace their employment histories.’

Full story

Litigation Futures, 11th July 2014

Source: www.litigationfutures.com

Nuisance claims firms face huge fines – Ministry of Justice

Posted June 27th, 2014 in claims management, fines, personal injuries, press releases by sally

‘Lord Faulks QC has today announced rogue claims firms providing a bad service and bombarding people with nuisance calls will face large fines.’

Full press release

Ministry of Justice, 27th June 2014

Source: www.gov.uk/government/organisations/ministry-of-justice

Rogue CMCs to face massive new fines – Law Society’s Gazette

Posted June 27th, 2014 in claims management, fines, news, personal injuries by sally

‘Rogue claims management companies that use information based on cold calling or spam texts could face seven-figure fines under new government powers.’

Full story

Law Society’s Gazette, 27th June 2014

Source: www.lawgazette.co.uk

Claimant wins case over personal injury damages and social care charging policy – Local Government Lawyer

‘A council’s charging policy for social care services has been found unlawful because it took account of capital derived from a claimant’s personal injury settlement.’

Full story

Local Government Lawyer, 19th June 2014

Source: www.localgovernmentlawyer.co.uk

Regina (N) v Walsall Metropolitan Borough Council – WLR Daily

Regina (N) v Walsall Metropolitan Borough Council [2014] EWHC 1918 (Admin); [2014] WLR (D) 255

‘The capital derived from a personal injury settlement which was managed by a deputy appointed by the Court of Protection had to be disregarded by a local authority when deciding whether the injured person could be required to contribute to the cost of social care services provided by a local authority.’

WLR Daily, 12th June 2014

Source: www.iclr.co.uk

Delaney v Secretary of State for Transport – WLR Daily

Delaney v Secretary of State for Transport [2014] EWHC 1785 (QB); [2014] WLR (D) 253

‘Clause 6(1)(e)(iii) of the Motor Insurers’ Bureau (Compensation of Victims of Uninsured Drivers) Agreement 1999, made between the Motor Insurers’ Bureau and the Secretary of State for Transport and which provided an exclusion from liability for compensation for the Motor Insurers’ Bureau, was incompatible with Council Directive 72/166/EEC, Second Council Directive 84/5/EEC and Third Council Directive 90/232/EEC.’

WLR Daily, 3rd June 2014

Source: www.iclr.co.uk

Woman left partially blinded in appalling assault by father-in-law who believed she had had affair – The Independent

Posted June 12th, 2014 in families, grievous bodily harm, news, personal injuries, sentencing by sally

‘A father-in-law has been jailed after inflicting appalling and severe injuries on a family member, almost blinding her, after flying into a crazed revenge attack over adultery that he believed that she had committed.’

Full story

The Independent, 11th June 2014

Source: www.independent.co.uk

“Virtually impossible” for solicitors to claim success fees in cases involving children – Litigation Futures

‘The Civil Procedure Rule Committee is to investigate claims that the Jackson reforms have made it “virtually impossible” for solicitors to claim success fees in cases involving children, it has emerged.’

Full story

Litigation Futures, 11th June 2014

Source: www.litigationfutures.com