PIBULJ
PI Practitioner, December 2012
13/12/12. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for our PI Brief Update newsletter. Simply fill in your email address at the top right of this website.
The Consumer Insurance (Disclosure and Representations) Act 2012The Act was given Royal Assent on 8th March 2012 and the substantive provisions are due to be brought into force as soon as possible after March 2013. It is intended to bring the statutory requirements on insurance contracts into line with industry 'best practice' and the guidelines of the Financial Services Ombudsman.
Under the current law...
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Get Your House in Order: Pre-Litigation Conduct and Costs Sanctions - Steven Conway, Browne Jacobson
12/12/12. The Court of Appeal has this year fired a shot across the bows with its stark warning in the case of Guntrip v Cheney Coaches Limited [2012] EWCA Civ 392 that the courts had become too tolerant of delays and non-compliance with orders in litigation and with the reminder in Fred Perry v Brands Plaza Trading Limited [2012] EWCA Civ 224 that as of 1 April 2013 CPR 3.9 is likely to be amended so that after that date, litigants who substantially disregard court order or the requirements of the Civil Procedure Rules will receive substantially less indulgence than hereto. But to what extent do the courts have regard to...
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Sporting Injuries, Schools and Guidelines - Rupert Beloff, No5 Chambers
12/12/12. Schools have a clear duty of care to pupils who undertake sporting activities under their auspices. A breach of such duty may arise where there has been a failure to provide adequate instruction. In the case of Gannon v Rotherham Metropolitan Borough Council a claim succeeded where a schoolboy broke his neck when diving from a starting block at the shallow end of a swimming pool on the basis that his PE teacher had not shown him how to correctly effect such a dive. In that case the schoolboy’s claim also succeeded against the Amateur Swimming Federation for failing to issue appropriate warnings of relevant dangers to instructors.
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Extending Limitation and the Mau Mau Cases - Victoria Beel, Pannone
12/12/12. The right to Justice is a fundamental human right to which it is arguable every person should be entitled irrespective of the lapse of time; but the law is often required to resolve the competing rights of each side in deciding whether a fair trial can be achieved when time has eroded vital evidence. In Civil cases when does the competing right of a potential Claimant outweigh those of a Defendant? Are the courts exhibiting a continuing trend in extending the circumstances in which a case may be brought outside of the primary limitation period?
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Proportionality and Costs Budgeting - Paul Bracewell, Costs Lawyer, ACILEx
11/12/12. At the time of writing, the proposals for Fixed Costs for claims with a value of up to £25,000.00 have just been announced. The figures make depressing reading for any Claimant lawyers and for Costs Lawyers. Whatever happens, it would appear that all of Lord Justice Jackson`s reforms will be brought in from 1st April 2013 despite arguments that the Portal cannot be extended to cover Employers Liability and Public Liability claims in time. Can it only be a few weeks ago that fixed costs were not going to happen?
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More Articles...
- Periodical Payments - Daniela Fusi, Simpson & Marwick
- Obligations of Claimant Law Firms to Help in Preventing Fraud - Jason Peto, Parabis Risk Solutions
- The BTE Myth Exploded? - Michael Williamson, Williamsons Solicitors
- The RTA Portal, Professor Fenn’s Review and the Extensions - Kate Parker, Civitas Law
![Appeal judge rules that credit hire company has no costs liability following a finding of fundamental dishonesty in personal injury case: RSA v. Fastrack Solutions Limited [2023] 4 WLUK 92 - David Bowden, Erimus Chambers](/content/images/resized/images/stories/carkeys_72_72.jpg)
