“Removing lawyers altogether from the small-claims process would save each motorist an average £60 a year on their car insurance premiums, a major insurer today [14 February] claimed.”
Law Society’s Gazette, 14th February 2013
Source: www.lawgazette.co.uk
“This consultation paper seeks views on two subjects relating to the setting of the discount rate under section 1 of the Damages Act 1996:
Whether the legal parameters defining how the rate is set should be changed.
Whether there is a case for encouraging the use of periodical payment orders instead of lump sum payments.”
Ministry of Justice, 12th February 2013
Source: www.justice.gov.uk
“An intimate sexual relationship instigated by an undercover police officer with a member of the public for the purposes of obtaining information fell within the scope of ‘personal or other relationship with a person’ for the purposes of section 26(8) of the Regulation of Investigatory Powers Act 2000 so that, by section 65, the Investigatory Powers Tribunal had exclusive jurisdiction to hear a claim brought against the police under the Human Rights Act 1998.”
WLR Daily, 18th January 2013
Source: www.iclr.co.uk
“In a hearing of potential landmark significance, the Court of Appeal has given permission to the defendant in Probert v Moore [2012] EWHC 2324 (QB) to appeal against a finding that a 13 year old girl was not guilty of contributory negligence when struck by a car on an unlit country lane.”
Hardwicke Chambers, 6th February 2013
Source: www.hardwicke.co.uk
“The decision is of significance, because it is the first strike out of a fraudulent/exaggerated claim following the Supreme Court’s ruling in Summers v Fairclough Homes Limited [2012] 1 WLR 2004. Summers is authority for the proposition that under CPR 3.4(2) the court has power to strike out a statement of case on the ground that it is an abuse of process at any stage in the proceedings, including – but in very exceptional circumstances – at the end of a trial.”
Hardwicke Chambers, 31st February 2013
Source: www.hardwicke.co.uk
“A mother of two has been given a multimillion-pound payout by a Birmingham hospital, after mistakes during an operation left her paralysed.”
BBC News, 29th January 2013
Source: www.bbc.co.uk
“A teenage boy who was left brain-damaged at birth has been awarded £7.1m damages after a 14-year legal battle by his mother against the hospital responsible.”
The Guardian, 9th January 2013
Source: www.guardian.co.uk
Sayers v Lord Chelwood and another: [2012] EWCA Civ 1715; [2012] WLR (D) 389
“The burden on a claimant who wished the court to exercise its discretion under section 33 of the Limitation Act 1980 to override the time limit for bringing an action in respect of personal injuries was not necessarily a heavy one. How difficult or easy it would be for the claimant to discharge the burden would depend on the facts of the particular case.”
WLR Daily, 19th December 2012
Source: www.iclr.co.uk
“Controversy still rages over whether the Jackson reforms are a coherent set of proposals that will rebalance a system where claims and costs are out of control, or if they represent an assault on access to justice for people whom ‘no win, no fee’ represents the only hope of redress for a wrong inflicted on them.”
Law Society’s Gazette, 13th December 2012
Source: www.lawgazette.gov.uk
“New measures to bring down the number and cost of whiplash claims, including speculative and fraudulent applications has been announced today [11th December].”
Ministry of Justice, 11th December 2012
Source: www.justice.gov.uk
“The Government is committed to finding ways of tackling fraudulent and exaggerated whiplash claims, whilst ensuring that people who have suffered a genuine neck injury should continue to be able to get appropriate compensation. However, increases in claims for compensation relating to whiplash injuries are having a significant impact on the motor insurance premiums paid by individuals, families and businesses.”
Ministry of Justice, 11th December 2012
Source: www.justice.gov.uk
“The government will today finally unveil its long-awaited consultation on increasing the small claims limit for road traffic personal injury cases from £1,000 to £5,000, a move that would decimate the workload of many law firms.”
Litigation Futures, 11th December 2012
Source: www.litigationfutures.com
The duty of care of Public Authorities: Too Much, Too Little or About Right? (PDF)
Speech by Master of the Rolls
PIBA Richard Davies Lecture, 27th November 2012
Source: www.judiciary.gov.uk
“It is not uncommon for a potential personal injury or clinical negligence claimant to have been subjected to a series of events that may all be linked to causation of his injury – we’ve all met the unfortunate client for whom nothing seems to go right. Sometimes the events will be the acts of third parties, which
may or may not be tortious; at other times, the individual’s own actions may have played a part in the causation of his injuries. The third party acts may involve personal injury, or clinical negligence, or even assault. In such circumstances, there may be multiple potential defendants to any legal claim
and serious thought needs to be given to the question of whom to claim against, to avoid potential adverse costs consequences from bringing proceedings against the wrong, or too many, defendant(s) or – worse – failing to sue the tortfeasor ultimately found to be primarily or even solely responsible for the claimant’s losses.”
Full story (PDF)
Cloisters, November 2012
Source: www.cloisters.com
“In personal injury proceedings involving a child it was appropriate to grant an anonymity order prohibiting her identification since it would defeat the purpose of the proceedings to ensure that she received and kept compensation awarded for her injuries.”
UK Human Rights Blog, 28th November 2012
Source: www.ukhumanrightsblog.com
“A former spy is suing the Metropolitan police for failing to ‘protect’ him from falling in love with one of the environmental activists whose movement he infiltrated.”
The Guardian, 25th November 2012
Source: www.guardian.co.uk
“The law in England and Wales offers ‘inadequate’ protection to postal workers who are attacked by dogs, a report says. The report, commissioned by Royal Mail, recommends a change in law to help deal with the owners of dogs who attack. The report points out that currently action cannot be taken if an attack takes place on private property.”
BBC News, 23rd November 2012
Source: www.bbc.co.uk
“A teenager who was paralysed in a car crash which killed her mother is to receive record compensation worth £23 million.”
The Independent, 19th November 2012
Source: www.independent.co.uk
© Inner Temple Library 2025