87 results
QWOCS does not trump set off – for now
Qualified one-way costs shifting (QWOCS) gives a personal injury claimant protection from paying the defendant’s costs to the extent that those costs exceed any damages and interest awarded. But what if a costs order has been made during the proceedings in favour of the defendant. Can the defendant more...
30 Mar 2020 15:00
Brain injury solicitors report greater cooperation from insurersNew research by barristers at Exchange Chambers and brain injury rehabilitation charity, Calvert Reconnections, has examined the effectiveness of the brain injury claims and rehabilitation process through 164 in-depth interviews with claimant brain injury partners at law firms throughout the country more...
Jet2 Holidays Limited v Hughes & Hughes [2019] EWCA Civ 1858: The Facts & Implications
The respondents initially made a claim for holiday sickness under the package travel regulations against the appellant. The respondents served witness statements, supported by a statement of truth, under the Pre-Action Protocol for Personal Injury Claims. The appellant subsequently discovered more...
Raising the Small Claims Track Limit from £1000.00 to £5000.00 in RTA Cases - What this means for Claimants
Ever since the general election of June 2017 the implementation of the suggested reform to the small claims track limit has been in the pipeline. It is planned that, as of April 2020, the small claims track limit will be increased to £5,000 in Road Traffic Accident Cases (RTAs). But what does this more...
4 Dec 2019 15:34
Interim payments—the court is willing, but the evidence is weak (RXK v Hampshire Hospitals NHS Foundation Trust)Personal Injury analysis: This analysis considers Master Cook’s judgment in RXK in which he sets out the circumstances in which the court will order an interim payment despite final quantification still being some years hence. It explains why this will be welcome news for claimant solicitors, even more...
13 Nov 2019 12:20
County Court considers costs rules in personal injury case (Khan v Aviva Insurance Ltd)Personal Injury analysis: Where the personal injury aspect of a claim had resulted in the case being allocated to the fast track, the claimant was awarded costs to be assessed on the normal fixed costs basis under CPR 45.29B. The decision offers a useful affirmation of the default costs rules that more...
15 Oct 2019 11:52
Chris Richards successfully represents man injured in workplace accidentChris Richards from Exchange Chambers has successfully represented a man injured in a serious accident at work. The Claimant had been working for a local authority. In the moments before the accident, the Claimant had been moving forks on a forklift. The forks were heavy and difficult to move. As more...
24 Sep 2019 08:35
A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity LawyersCosts Proper management of costs and costs risks is an essential part of a personal injury practitioners’ toolkit. Professional negligence practitioners working in this field will need to be aware of the common problems that can arise when considering the costs of personal injury litigation, and the more...
16 Sep 2019 14:22
A rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity LawyersLimitation Questions of limitation in underlying clinical negligence or personal injury cases are frequently the subject matter for consequent professional indemnity litigation. Time limits for injury cases are different from elsewhere in the law and can give rise to particularly complicated issues more...
29 Aug 2019 09:01
Adding Insult to InjuryA rough guide to Personal Injury and Clinical Negligence Litigation for Professional Indemnity Lawyers Under-settlement and Quantum Where does all the money go in a high value personal or medical injury claim? The principal heads of loss are care and case management, accommodation, aids and more...
14 Aug 2019 10:36
Recent claim success: dangers on your doorstepI recently acted for a client in connection with a claim against Essex County Council as a result of an accident on the highway. The facts of this case are relatively straightforward but there were some slightly unusual factors afoot. The facts The accident happened at the bottom of the claimant’s more...
12 Aug 2019 14:26
How outdoor activities can support individuals in their recovery from brain injuryI’ve spent the last quarter of a century seeing families with catastrophic brain injury; the main focus of our discussion is that the family need to have a plan for the whole of the injured person’s life, even if that stretches over 50 years ahead. Because most of my clients are too badly injured to more...
31 Jul 2019 11:00
A summer of good weather and iconic races bring out the bikesFinally, summer has arrived with a European wide heatwave and temperatures last week in the UK reaching 38.5 degrees in Faversham Kent; the second hottest UK day on record. This year the Tour de France in its 106th year, celebrated 100 years of the famous Maillot Jaune; the leader’s yellow jersey more...
29 Jul 2019 11:03
3PB Personal Injury barristers Henrietta Hughes and Gabriel Adedeji publish our latest update3PB barristers Henrietta Hughes and Gabriel Adedeji publish our latest Personal Injury Law update covering: New key publications The new discount rate Cases analysis: FD: Daniel O’Brien v Royal Mail Group LTD (May 2019) QBD (Manchester) Hire & Contractual Liability: Andrew Phillips v Aviva Insurance more...
17 Jul 2019 11:00
Lord Chancellor Announces New Discount Rate for Personal Injury ClaimsOn 15 July 2019 the Lord Chancellor announced a new discount rate of -0.25 for personal injury claims. After many years of the discount rate remaining at 2.5, in 2017 the rate was changed to -0.75. This resulted in some considerable debate followed by a call for evidence from the public as to what more...
17 Jul 2019 09:48
Calculation of Personal Injury Compensation Continues to Benefit ClaimantsOn the 15 July 2019, the Justice Secretary David Gauke, announced the new Discount Rate figures used to calculate future losses in personal injury claims. Where a Claimant’s injuries are long term or permanent they may receive a lump sum award to account for their future financial losses and more...
8 Jul 2019 12:09
Man rendered tetraplegic after horrific accident set to realise his ambition to become a barristerA 36-year-old man who was rendered tetraplegic after a horrific road traffic accident is set to realise his long-held ambition to become a barrister after being offered a pupillage in an innovative partnership between a law firm and barristers’ Chambers. Simon Arnold was involved in a serious road more...
4 Jul 2019 09:50
Strawberries, Cream and Occupiers' LiabilityWith the Wimbledon tournament opening on the 1 July 2019 we have seen the emergence of a new £70 million roof on Court One. Not just creating an impressive appearance to one of the largest courts, this also allows for the games to be sheltered from the disturbance of a downpour. And as well as more...
4 Jul 2019 08:55
Bill Braithwaite QC and Chris Allen secure lump sum settlement of £6.225 millionMr Justice Jay approved the settlement which Bill Braithwaite QC and Chris Allen had negotiated at a JSM in the sum of £6.225m on a lump sum basis for a significantly brain injured cyclist. As the case is now the subject of reporting restrictions and an anonymity order it is not possible to provide more...
24 Jun 2019 15:54
Exiting the RTA Protocol: Costs and Evidential Considerations - an Analysis by Ikeni Mbako-AllisonIn his latest article, Ikeni Mbako-Allison analyses the costs and evidential considerations arising from exiting the RTA Protocol. Click here to read Ikeni's analysis. more...
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