Test to escape fixed costs in ex-portal cases is “high bar” – Litigation Futures

Posted April 23rd, 2019 in accidents, costs, news, personal injuries, road traffic by sally

‘The ‘exceptional circumstances’ test by which claimants whose cases exit the RTA portal can claim more than fixed recoverable costs is a high, rather than a low, bar, the High Court has held.’

Full Story

Litigation Futures, 23rd April 2019

Source: www.litigationfutures.com

Clean air zones: Where will UK drivers pay for polluting? – BBC News

‘Drivers of the most polluting vehicles now have to pay to drive into central London – and soon other towns and cities across the UK will follow suit.’

Full Story

BBC News. 12th April 2019

Source: www.bbc.co.uk

CA upholds challenge to routine 100% success fee in low-value PI – Litigation Futures

‘Solicitors handling low-value personal injury claims since LASPO should have undertaken risk assessments before setting success fees – rather than just applying 100% across the board – the Court of Appeal has ruled.’

Full Story

Litigation Futures, 3rd April 2019

Source: www.litigationfutures.com

Unrepresented PI litigants to receive “expert view” on claims – Legal Futures

‘Unrepresented personal injury (PI) claimants under the new whiplash regime will have paid-for access to an “independent view” of their claim, the Ministry of Justice has revealed.’

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Legal Futures, 1st April 2019

Source: www.legalfutures.co.uk

Colette McCulloch inquest: Autistic woman’s death ‘avoidable tragedy’ – BBC News

Posted March 22nd, 2019 in alcohol abuse, autism, care homes, inquests, news, road traffic by sally

‘The death of an autistic woman hit by a lorry on the A1 was an “avoidable tragedy”, an inquest has heard.’

Full Story

BBC News, 21st March 2019

Source: www.bbc.co.uk

Fundamental dishonesty “should lead to strike-out of whole claim” – Litigation Futures

‘A finding of fundamental dishonesty in a personal injury claim should mean an associated credit hire claim is also struck out, a circuit judge has ruled.’

Full Story

Litigation Futures, 19th March 2019

Source: www.litigationfutures.com

Cameron (Respondent) v Liverpool Victoria Insurance Co Limited (Appellant) – 39 Essex Chambers

‘The Supreme Court has unanimously held in Cameron v Liverpool Victoria Insurance Co Ltd that the driver of a car, who was not anonymous but could not just be identified, cannot be sued under a pseudonym or description.’

Full Story

39 Essex Chambers, 21st February 2019

Source: www.39essex.com

An updated driverless testing code for the UK recognises remote operators – Technology Law Update

Posted March 8th, 2019 in codes of practice, consultations, health & safety, news, road traffic by sally

‘The UK Government has published a revised Code of Practice on trials of automated vehicles. This is open for comments until 6 May 2019.’

Full Story

Technology Law Update, 8th March 2019

Source: www.technology-law-blog.co.uk

Alfie Lamb: Car death accused mum guilty of cruelty – BBC News

Posted February 22nd, 2019 in child cruelty, homicide, news, perverting the course of justice, road traffic by sally

‘The mother of a three-year-old boy allegedly crushed by a car seat has been found guilty of child cruelty.’

Full Story

BBC News, 21st February 2019

Source: www.bbc.co.uk

DDJ “should not have interfered” with parties’ costs agreement – Litigation Futures

Posted January 14th, 2019 in accidents, appeals, consent orders, costs, news, part 36 offers, road traffic by sally

‘A deputy district judge’s decision to vary a consent order for costs on the standard basis to apply fixed costs to a claim that started in the portal has been overturned.’

Full Story

Litigation Futures, 14th January 2018

Source: www.litigationfutures.com

High Court slashes success fee citing proportion of fees at risk – Litigation Futures

Posted January 8th, 2019 in accidents, fees, news, personal injuries, road traffic, solicitors by sally

‘A district judge failed to consider the risks that a claimant solicitor should have taken into account when entering into a conditional fee agreement (CFA) and so was wrong to award a 65% success fee, the High Court has ruled.’

Full Story

Litigation Futures, 7th January 2019

Source: www.litigationfutures.com

Judge criticised for telling barrister to “get a life” – Litigation Futures

Posted December 13th, 2018 in accidents, appeals, barristers, damages, judges, news, professional conduct, road traffic by sally

‘A judge who told a barrister to “get a life” has been criticised by a recorder who overturned his decision on appeal.’

Full Story

Litigation Futures, 13th December 2018

Source: www.litigationfutures.com

Fundamental dishonesty – you have been warned (hopefully) – Zenith PI

‘I recently represented a claimant at trial in relation to a personal injury claim arising out of a road traffic accident. The defendant indicated an intention to pursue a finding of fundamental dishonesty. There were certain aspects of the evidence that might have led to such a finding, but such an outcome was far from certain.’

Full Story

Zenith PI, 30th November 2018

Source: zenithpi.wordpress.com

Met police driver faces criminal investigation after ramming moped – The Guardian

Posted December 4th, 2018 in news, police, road traffic, road traffic offences, robbery, young offenders by sally

‘A Metropolitan police driver is under criminal investigation after using a special tactic to deliberately knock a fleeing suspect off a moped, the Guardian has learned.’

Full Story

The Guardian, 4th December 2018

Source: www.theguardian.com

Law Commissions open consultation into new rules for UK’s self-driving future – Law Commission

‘The Law Commission of England and Wales and the Scottish Law Commission are launching the first of a series of public consultations about crucial legal reforms which will ensure the country is prepared for the introduction of automated vehicles.’

Full press release

Law Commission, 8th November 2018

Source: www.lawcom.gov.uk

Road rage driver Darren Hefferman jailed for cyclist punch – BBC News

‘A road rage motorist who punched a cyclist into oncoming traffic has been jailed for two years.’

Full Story

BBC News, 26th October 2018

Source: www.bbc.co.uk

Civil Liability Bill “undermines Lord Chancellor’s oath of office” – Legal Futures

‘The Civil Liability Bill seriously undermines the oath sworn by Lord Chancellor David Gauke to defend the independence of the judiciary, claimant lawyers have argued as the bill near the end of its parliamentary journey.’

Full Story

Legal Futures, 23rd October 2018

Source: www.legalfutures.co.uk

Impecunious credit hire claimants ordered to provide pre-action disclosure – Litigation Futures

‘Impecunious road traffic accident claimants who benefit from the rule allowing them to claim full credit hire costs must provide pre-action disclosure of financial records, a circuit judge has ruled.’

Full Story

Litigation Futures, 22nd October 2018

Source: www.litigationfutures.com

Highway Code to promote ‘Dutch reach’ to protect cyclists – The Guardian

Posted October 18th, 2018 in accidents, bicycles, news, road traffic by sally

‘Measures to protect cyclists are to be introduced in the Highway Code, including a new recommendation on how to get out of a vehicle without “dooring” a passing rider.’

Full Story

The Guardian, 18th October 2018

Source: www.theguardian.com

Gauke to exempt vulnerable road users from whiplash reforms – Legal Futures

Posted September 6th, 2018 in accidents, compensation, news, personal injuries, road traffic, small claims by sally

‘Vulnerable road users (VRUs), such as pedestrians and cyclists, will be completely exempt from the government’s whiplash reforms, the Lord Chancellor announced yesterday.’

Full Story

Legal Futures, 5th September 2018

Source: www.legalfutures.co.uk