16 results
28 May 2021 20:34
Whiplash Compensation Claim Reforms To take Effect At End Of MayClick link below for full article https://www.hillhousechambers.co.uk/post/whiplash-compensation-claim-reforms-to-take-effect-at-end-of-may more...
19 Apr 2021 15:44
William Waldron QC and Mark Mulrooney settle catastrophic injury case for £4.4mThe Claimant, a 28 year old semi-professional snowboarder, was catastrophically injured in a road traffic accident in 2017 when the motorbike that he was riding was hit by the Defendant when changing lanes. The Claimant had no recollection of his accident but it was caught on CCTV. The Claimant was 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 Apr 2019 08:54
R v RDavid James has secured the acquittal of an HGV driver accused of causing death by careless driving, following a fatal collision while the vehicle was performing a U-Turn manoeuvre. The crash between the HGV and motorbike took place on the A556 in Sandiway, Cheshire, just after 8pm on October 3, more...
28 Feb 2019 12:22
Will Waldron QC and Chris Gutteridge secure £1.7 million for motorcyclistWill Waldron QC and Chris Gutteridge have secured compensation of £1.7 million for a motorcyclist who suffered catastrophic injuries after a road accident in Hampshire in 2015. The Claimant underwent a below-knee amputation on the right and suffered a significant injury to his left ankle. The more...
20 Feb 2019 15:12
Cameron v Liverpool Victoria Insurance Co Ltd: Suing Unnamed Defendants & the Approach to Alternative ServiceThe Supreme Court has now handed down judgment in Cameron v Liverpool Victoria Insurance Co Ltd. The case concerns the issue as to whether/when it is permissible to issue proceedings against an unnamed defendant. The Supreme Court’s decision marks a reversal in the recent trend of courts more...
24 Jan 2019 10:00
Laird supporting the Modern Law AwardsWe're looking forward to the Modern Law Awards at the end of this month. This year we're sponsoring the awards, which we consider important to support the legal industry. We've won a few awards here over the years, but this time we have forgone any nominations as we’re both sponsoring the event and more...
31 Oct 2018 14:00
Case report – Infant settlementThe case is subject to an anonymity order. In early September this year the High Court approved terms of settlement on behalf of my infant Claimant involving a lump sum of £9,000,000 and periodical payments of £325,000 for care and case management, which when grossed up came to a little over £20 more...
18 Oct 2018 13:01
Cyclists and the highway code reviewIn light of the government announcing a review of the highway code in an attempt to reduce road casualties, we wanted to highlight an article written last year by Rob Dempsey discussing the 'dutch reach' practice. Recent figures from the government show that from 2011-2015, eight cyclists have died more...
UNFETTERED DISCRETION TO DETERMINE FUNDAMENTAL DISHONESTY AFTER DISCONTINUANCE
Whether allegations of fundamental dishonesty should be determined after discontinuance is subject to a wide and unfettered discretion of the judge, referable only to the circumstances of the case and the overriding objective. There is no requirement within the rules for there to be exceptionality: more...
How to be fundamentally dishonest and get away with it - 24th of May, 2018
I will be giving a talk on Fundamental Dishonesty within personal injury litigation at Lamb Chambers on the 24th of May. The talk starts at 5.30 pm. There is no charge for attendance, though places are strictly limited. Most importantly, I am advised by my clerks that wine will be provided more...
Costs Consequences where the Portal Should Have Been Used
In this new era we are all very much alive to potential costs issues before a case even gets off the ground. It is widely known that exiting a pre-action protocol where it was unreasonable to do so is likely to limit costs to fixed portal costs. However, what is the position where a claim doesn’t more...
Approval of Protected Party Settlements and Ability to Withdraw Not Incompatible With Human Rights
Parties are still feeling the effects of the change in discount rate back in March. In the case of Revill v Damiani [2017] EWHC 2630 (QB) the court permitted the Defendant to resile from a settlement agreement reached in a protected party claim. Whilst it may be unusual for parties to seek to void more...
Fixed Costs v Indemnity Costs
Last week, the Court of Appeal, in the conjoined appeals of Broadhurst & Taylor v Tan & Smith [2016] EWCA Civ 94, settled the argument over which type of costs were applicable in the situation where, in a CPR 45, Part IIIA case (fixed costs cases where the claim started in the RTA or EL/PL protocol, more...
No Fixed Costs on the Multi-Track - Qader & Ors v Esure Services Ltd [2016] EWCA Civ 1109 considered
Over the last year or two a common issue in regards to costs in RTA litigation has presented itself at the allocation stage: whether the fixed costs regime continues to apply to a case which no longer continues under the RTA Low-Value Personal Injury Protocol but is allocated to the multi-track more...
NO REQUIREMENT TO PLEAD FUNDAMENTAL DISHONESTY: Lorna & Justin Howlett v Penelope Davies & Ageas Insurance Limited [2017] EWCA Civ 1696, CONSIDERED.
The Court of Appeal confirmed that there was no obligation to expressly plead fundamental dishonesty in order to invite the court to make such a finding at trial. In this case, a claim for personal injury following an alleged road traffic accident, the [Second] Defendant insurer had advanced a put more...
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