‘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
‘A litigant with a mixed claim will not have to pay costs immediately for one part of their claim which has been thrown out already. In Achille v Lawn Tennis Association Services Ltd the Court of Appeal agreed that it was premature for the costs order to be enforced now against claimant Richard Achille. Instead the court should wait until the conclusion of proceedings to decide what costs should follow.’
Law Society’s Gazette, 28th October 2022
Source: www.lawgazette.co.uk
‘Personal Injuries Bar Association – Richard Davies Lecture 2022.’
Courts and Tribunals Judiciary, 26th October 2022
Source: www.judiciary.uk
‘Lawyers have won their appeal in a court ruling that will come as a massive relief across the personal injury market. Judges in the Court of Appeal ruled in Belsner v CAM Legal Services this morning that the firm’s personal injury client had made fair and reasonable deductions from her damages. The deductions were therefore lawful and did not need to be paid back.’
Law Society’s Gazette, 27th October 2022
Source: www.lawgazette.co.uk
‘In a low value personal injury claim, what is the proper interpretation of the phrase, “such costs to be the subject of detailed assessment if not agreed”? If the parties have agreed such a provision within a consent order compromising the claim, have they effectively ‘contracted out of’ the fixed costs regime that would otherwise be applicable to an ex-Protocol claim? The Court of Appeal considered these questions in this decision.’
Guildhall Chambers, 13th October 2022
Source: www.guildhallchambers.co.uk
‘In another step forward, the use of Instrumented Mouthguards (iMGs) is being included by the RFU in their mission to reduce players’ risk of concussion.’
Ropewalk Chambers, 19th October 2022
Source: www.ropewalk.co.uk
‘Ellis v John Hodge Solicitors (a firm) [2022] EWHC 2284 (Comm) concerned a novel argument against disclosure. The Defendant solicitors had formerly been instructed by the Claimant in personal injury litigation. In later professional negligence proceedings against the Defendant, the Claimant sought disclosure of his client file from the personal injury claim. It was common ground that file was disclosable under CPR PD51U, being highly relevant to the Claimant’s professional negligence claim and Defendant’s counterclaim for unpaid fees. Nevertheless, the Defendant declined disclosure on the basis it was exercising its common law lien for unpaid fees. Accordingly, the issue was not whether the file’s specific disclosure should be ordered, but whether a solicitor’s common law rights to a lien in respect of costs can restrict CPR disclosure obligations. Read our case comment to find out what justified disclosure, without the usual “Robins” undertakings.’
Gatehouse Chambers, 11th October 2022
Source: gatehouselaw.co.uk
‘The ability of lay clients to understand the Law Society’s model conditional fee agreement was questioned by three of the most senior judges in England and Wales yesterday in a much-awaited Court of Appeal hearing.’
Law Society's Gazette, 5th October 2022
Source: www.lawgazette.co.uk
‘The Ministry of Justice (MoJ) has rejected a call for an early review of the tariff for the Official Injury Claim portal, although personal injury solicitors are continuing to lobby for it.’
Legal Futures, 29th September 2022
Source: www.legalfutures.co.uk
‘A former client who threatened his solicitors with legal action over deductions from his damages has been told he cannot pursue the case.’
Law Society's Gazette, 14th September 2022
Source: www.lawgazette.co.uk
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