‘A rugby player who was paralysed from the waist down after a “reckless” tackle has won her high court claim against the opposing player who made the “red mist” challenge.’
The Guardian, 23rd February 2023
Source: www.theguardian.com
‘The ruling of a district judge highlighting apparent collusion between solicitors, medical experts and others in inflating a personal injury claim is an important landmark in the fight against fraud, the defendant lawyer involved has argued.’
Legal Futures, 23rd February 2023
Source: www.legalfutures.co.uk
‘Insurers are seeking to challenge a key ruling on damages for mixed injury cases in the Supreme Court, it emerged today. The Association of British Insurers (ABI) said it has sought permission to appeal the rulings in Briggs and Rabot that were handed down last month by the Court of Appeal. The trade body is understood to be heartened by the dissenting judgment of master of the rolls Sir Geoffrey Vos and believes there are wider policy grounds at stake that the Supreme Court should consider.’
Law Society's Gazette, 20th February 2023
Source: www.lawgazette.co.uk
‘It’s been a fortnight since the letters of claim went out in the latest round of legal action against World Rugby, the Rugby Football Union and the Welsh Rugby Union. Here in the Guardian we ran an interview with one of the claimants, 48-year-old Alex Abbey, who was diagnosed with probable CTE in 2015, 12 years on from the end of a club rugby career in which he suffered multiple concussions. Abbey is one of 55 former amateur players involved in the case. It is a much smaller group than the 225 former professionals involved in the first lawsuit we reported on in 2020, but, for the authorities, it could be even more damaging.’
The Guardian, 2nd February 2023
Source: www.theguardian.com
‘A girl who had all four of her limbs amputated after she was wrongfully discharged from hospital has won a multimillion-pound payout.’
The Independent, 22nd January 2023
Source: www.independent.co.uk
‘A former Royal Marine is seeking more than £1m in damages from the government over “noise-induced hearing loss”.’
BBC News, 19th January 2023
Source: www.bbc.co.uk
‘A claimant who discontinued his personal injury case on the morning of trial should still be entitled to costs protection, the Court of Appeal has ruled.’
Law Society’s Gazette, 18th January 2023
Source: www.lawgazette.co.uk
‘The High Court has rejected a defendant’s plea for a costs management order regarding a child’s clinical negligence case which could still have years to run. Master Cook stated that the policy of children’s cases being exempt from costs management should be adhered to, even if the defendant was unhappy with the costs incurred so far.’
Law Society's Gazette, 13th January 2023
Source: www.lawgazette.co.uk
‘The company that maintains British Airways’ planes has been fined £230,000 after an employee suffered a brain injury near Cardiff Airport.’
BBC News, 12th January 2023
Source: www.bbc.co.uk
‘The benefits of rehabilitation are well known. Numerous academic studies have demonstrated its importance and the net economic benefit (to both society and insurers) from its early introduction and funding. Despite that, many insurers continue to take a hostile and unsupportive attitude driven, perhaps, by a suspicion that a claimant will seek to introduce care, therapies, equipment or accommodation that might somehow increase the value of any eventual claim. I don’t believe that to be the case. In fact, my own experience is strongly that those insurers and defendant solicitors who actively support and fund early rehabilitation (and it is right to highlight that many do), even when liability is disputed, invariably end up achieving an earlier settlement with a costs saving and, on occasions, a saving in damages arising from the better recovery enjoyed by the claimant.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘AXX (A protected party by his litigation friend XRE) v. Zajac [2022] EWHC 2463 is the first reported case in the High Court (KBD) concerning the ‘new’ CPR Practice Direction 1A which requires the court to take all proportionate measures to address any impediment to a party’s participation in proceedings caused by their ‘vulnerability’. Master McCloud granted an application made on behalf of the Claimant (who was a protected party due to a psychotic condition which had arisen after his accident) for a trial of causation as a preliminary issue on the basis that, if successful at that stage, the Claimant could seek interim funding for treatment to address his psychiatric symptoms and allow him to participate fully in the subsequent quantum trial. The Master also refused an application from the Defendant for an ‘unless’ order (whereby the claim would be stayed unless the Claimant cooperated with examinations to be performed by the Defendant’s instructed medical experts) because of concerns about the Claimant’s capacity to consent to examination. This decision illustrates the important role that PD1A has in shaping case management decisions to protect the interests of parties with vulnerabilities.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘Keoghs recently wrote about their triple success in defeating claims for psychological injury arising out of road traffic accidents. The common denominator of the three claims was that each of the Claimants sought to rely upon the medical evidence of a specific Consultant Psychologist. Sharan Sanghera acted for the Defendant in one of those Claims, her comment on the case appears below.’
3PB, 13th December 2022
Source: www.3pb.co.uk
‘Professional experience and the reported cases (considered below) suggest issues of breach, causation and contributory negligence are invariably intertwined. The advisor’s role is to carefully unpick the strands. Whilst there is a factual and legal overlap, the issues need to be considered separately on their individual merits.’
Exchange Chambers, 22nd December 2022
Source: www.exchangechambers.co.uk
‘Two recent decisions on the application of qualified one-way-costs-shifting (“QOCS”), of the High Court in Chappell v Mrozek [2022] EWHC 3147 (KB), and of the Court of Appeal in Harrison v University Hospitals of Derby & Burton NHS Foundation Trust [2022] EWCA Civ 1660, reinforce the difficulty that personal injury and clinical negligence defendants will face in obtaining enforceable costs orders other than where the claimant obtains an order for damages at trial1. Defendants will generally be unable to enforce costs orders where the claim is settled via Part 36, even if an order of the court is required to enforce the settlement, to permit the claimant to accept the offer, or to direct that the amount payable to the claimant is reduced by the amount of any deductible benefits.’
Hailsham Chambers, 3rd January 2023
Source: www.hailshamchambers.com
‘The High Court has ruled that a costs bill can be challenged after the one-year time limit for requesting detailed assessment. In Menzies v Oakwood Solicitors, Mr Justice Bourne said Leeds firm Oakwood Solicitors had not made clear to a former client the procedure for objecting to the deduction of costs from his damages. Payment was therefore not effected by a settlement of account and a challenge could still be made.’
Law Society's Gazette, 16th December 2022
Source: www.lawgazette.co.uk
‘The High Court rejected a defendant’s bid to escape the full rigour of the qualified one-way costs shifting (QOCS) regime in a ruling handed down this week.’
Law Society's Gazette, 15th December 2022
Source: www.lawgazette.co.uk
‘Defendant lawyers have urged the Court of Appeal not to risk double compensation for injuries caused by the same accident.’
Law Society’s Gazette, 1st December 2022
Source: www.lawgazette.co.uk
‘The fact that fewer than 10% of claimants use the Official Injury Claim (OIC) portal without legal representation does not mean the system has failed to deliver, the government said yesterday.’
Legal Futures, 30th November 2022
Source: www.legalfutures.co.uk
‘The costs recovery outfit chasing personal injury firms on behalf of former clients has suffered another body blow through a new losing court judgment.’
Law Society's Gazette, 11th November 2022
Source: www.lawgazette.co.uk
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