‘A claimant who receives less at stage 3 of the RTA protocol than was offered at stage 2 has to reimburse the difference, a circuit judge has ruled.’
Litigation Futures, 21st January 2016
Source: www.litigationfutures.com
‘The Law Commission has recommended a new test of incapacity after the Greville Janner case. We must be cautious about punishing those no longer in control of their actions.’
The Guardian, 19th January 2016
Source: www.guardian.co.uk
‘Five people have been found guilty over the biggest car insurance fraud investigation in the UK. They were convicted of making six insurance claims worth £144,000 between 2009 and 2011. Two were found not guilty.’
BBC News, 17th December 2015
Source: www.bbc.co.uk
‘Speed Medical has said it will appeal after the High Court this morning rejected its judicial review and backed the Ministry of Justice (MoJ) over the operation of MedCo, the portal for expert evidence in whiplash cases.’
Litigation Futures, 11th December 2015
Source: www.litigationfutures.com
Gavin Edmondson Ltd v Haven Insurance Co Ltd [2015] EWCA Civ 1230; [2015] WLR (D) 496
‘A solicitors firm which had concluded conditional fee agreements with road traffic victims and had entered those details in accordance with the Pre-action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents on the website used by lawyers and insurers in such circumstances was entitled, when the claimants settled their personal injury claims directly with the defendants’ insurers, to recover the fixed costs and other sums payable under the Protocol scheme.’
WLR Daily, 2nd December 2015
Source: www.iclr.co.uk
‘I recently appeared in a County Court trial on behalf of the Defendant in which we were relying upon the rarely employed defence of automatism. For those of you who might stumble upon this sort of case once in a while, this article may provide some assistance as to how the Court will deal with such a defence.’
Zenith PI Blog, 13th November 2015
Source: www.zenithpi.wordpress.com
‘In this case, HHJ David Grant had to decide whether or not fixed recoverable costs applied to a claim that started out in the portal but was subsequently allocated to the multi-track.’
Zenith PI, 13th December 2015
Source: www.zenithpi.wordpress.com
‘A man in his 20s who suffered severe brain damage in a car crash when he was a teenager is to get more than £4m compensation, lawyers say.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
‘The wheeled vehicles, which are an evolution of the infamous Segway “personal transportation device”, are too unsafe to ride on the road, but too dangerous to ride on the pavement, according to British legislation. As a result, they are only legal to use on land which is private property, and only with the landowner’s permission, the CPS says.’
The Guardian, 12th October 2015
Source: www.guardian.co.uk
‘A London borough has successfully applied to the High Court to have lifted an automatic suspension under procurement regulations of the award of a contract for a road traffic CCTV system.’
Full story
Local Government Lawyer, 30th September 2015
Source: www.localgovernmentlawyer.co.uk
‘A and M, aged 12 and 4 respectively, brought claims in damages for personal injuries and consequential losses sustained in a road traffic accident on the 31st July 2013. Agreement was reached with the insurers for the Defendant for both general damages and special damages through the usual minor injury claim portal process. Naturally, that agreement was subject to the ultimate approval of the Court pursuant to Part 21 CPR. DJ Lumb at the County Court Sitting at Birmingham was able to provisionally approve awards of £2115 and £2065 respectively on 14th August 2015. In addition, the Defendant agreed to pay the fixed recoverable costs calculated in accordance with CPR Part 45. The case had progressed in the standard way up until this point.’
Zenith PI Blog, 29th September 2015
Source: www.zenithpi.wordpress.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
‘A ban on “unsafe lorries” in London, introduced as part of efforts to protect cyclists, has come into force.’
BBC News, 1st September 2015
Source: www.bbc.co.uk
‘A new Uninsured Drivers’ Agreement comes into force on 1 August 2015 which applies to accidents occurring on or after that date.’
Zenith PI, 13th July 2015
Source: www.zenithpi.wordpress.com
‘The DVLA have released a list of banned licence plates, revealing while you can ORG45M you can’t have a VA61ANA on the roads.’
The Independent, 23rd May 2015
Source: www.independent.co.uk
‘An appeal case from the High Court has clarified the position post-Hussain v Amin Charters in respect of road traffic insurers putting claimants to proof due to concerns about fraud.’
Park Square Barristers, 31st March 2015
Source: www.parksquarebarristers.co.uk
‘A man has been jailed for 12 years for shooting a police officer in south-east London following a car crash.’
BBC News, 28th March 2015
Source: www.bbc.co.uk
‘The Court of Appeal has recently upheld the decision of Jay J here that a drug-dealer was entitled to compensation against the Government for injuries in a car accident, even though at the time he and the negligent driver both had drugs on them.’
Full story
UK Human Rights Blog, 22nd March 2015
Source: www.ukhumanrightsblog.com
‘A recent decision from the Court of Appeal has caused a sea-change in the ways in which courts will assess the likely cost of basic hire rates (BHRs) when assessing the recoverable damages to be paid under a credit-hire agreement. From now on, the courts will be entitled to calculate BHRs with reference to the lowest reasonable rate charged by a local (to the claimant) main hire company.’
Park Square Barristers, 6th March 2015
Source: www.parksquarebarristers.co.uk
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