MoJ Stage Defaults and Preparation for Stage 3 Hearings - Andrew Mckie, Clerksroom

04/07/12. The protocol for Low Value Personal Injury Claims in Road Traffic Accidents applies to personal injury claims arising out of Road Traffic Claims in England and Wales, on or after 30 April 2010.  It applies where the value of the claim is between £1,000 and £10,000. The value of the claim, is based upon the level of general and special damages, but excludes damage to vehicles and credit hire costs.  Small claims worth less than £1000 and employers liability or public liability claims fall outside the protocol, as do claims involving complicating factors such as the death of a party or a protected party or a bankrupt claimant.
 

Stage 1 Exit Points.

The following points are examples of how a claim, may leave the Low Value Personal Injury Claims Portal, at Stage 1.

If the Defendant or Defendant’s insurer/ representative, fails to carry out the following actions, within the timescales specified below, the Claimant’s Solicitor may advise in writing that the claim has left the process, and cite the section of the Protocol in support.

Where paragraph 6.15 applies, i.e. the claims leaves the Portal, the claim will proceed under the Pre-Action Protocol for Personal Injury Claims starting at paragraph...

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Striking Out Fraudulent Claims at the End of a Trial: The Supreme Court decision in Fairclough Homes Ltd v Summers - Aidan Ellis, Temple Garden Chambers

02/07/12. The increase in the number of fraudulent or dishonestly exaggerated claims has prompted calls from Defendants for the Court to strike out such claims after the end of a trial, including in situations where only part of the claim is dishonest.

The issue came before the Supreme Court in Fairclough Homes Ltd v Summers (2012) UKSC 26. The facts as found at first instance are typical of the issues which arise in these cases. The Claimant was injured in an accident at work in 2003. He served a Schedule of Loss claiming more than £800,000, including a claim for ongoing loss of earnings and continuing symptoms. The Court found, on the basis of surveillance evidence, that in fact he had been able to go back to work from June 2007, and that even prior to that date he was not as housebound as he had suggested. The Judge found explicitly that “the evidence before me...

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June 2012 Summary

NEWSLETTER

Industry News
Summary of Recent Cases - Substantive Law
Summary of Recent Cases - Costs
Summary of Recent Cases - Civil Procedure
PI Practitioner

LAW JOURNAL

Editorial: Detention of ICC Staff - Aidan Ellis, Temple Garden Chambers
As I write, four members of staff of the International Criminal Court continue to be detained in Libya whilst on an official Defence visit to Saif al-Islam Gaddafi.

Personal Injury Articles

High Court relies on ex turpi causa to reject unusual RTA claim - Anna Macey, Pupil Barrister, 12 King’s Bench Walk
In the unusual case of Joyce v O’Brien and Tradex [2012] EWHC 1324 (QB) the High Court rejected a claimant’s claim for compensation following a road traffic accident by relying on the maxim ex turpi causa non oritur actio (a cause of action cannot be founded on an illegal act).

Chandler v Cape Case Comment - Emily Wilsdon, Pupil Barrister, Temple Garden Chambers & Reema Patel, GDL student and Bedingfield Scholar, Gray’s Inn
The issue in David Brian Chandler v Cape plc [2012] EWCA Civ 525 was whether a parent company (Cape) could owe a direct duty of care to protect an employee of its wholly owned subsidiary company (Cape Products) against asbestos risks. Cape appealed a decision by Wyn Williams J [2011] EWHC 951 (QB) that it owed a duty of care to Mr. Chandler on the basis that it had assumed responsibility for his health and safety at Cape Products.

Heads, Sand, Ostriches and all that... - Carl Waring, Solicitor
A short article by John Hyde in the Law Society Gazette (May 14th 2012) entitled Prepare for 50% fee cuts, Says 'end of lawyers' professor produced the expected wide range of reaction to the predictions of Professor Robert Susskind. In the article Hyde outlines how Susskind, in an address to the Law Society Management Conference, warned that the economic climate will force clients to seek out firms that embrace the technological advances available in the legal profession to enable them to reduce their legal costs. Susskind argued that bosses of both small and large companies will seek to reduce their legal spend by 50% over the next five years, as they look for ways of gaining 'more for less' through new pricing structures. Susskind went on to argue that there would be casualties amongst smaller firms and sole practitioners unless they are prepared to embrace new technologies, but for those prepared to embrace the new models, opportunities abound.

Credit Hire Articles

Kevan and Ellis on Credit Hire, 4th Edition: Chapter Three - Mitigation of Loss
A further way for Defendant Insurers to attack credit hire charges is to argue that the Claimant has failed to mitigate his loss. In short, that the Claimant has acted unreasonably. In assessing the strength of arguments based on mitigation of loss it is important to start with a firm grip on the general principles of mitigation. We will summarise them first.

Challenging the Cost of Accident Repair - Tim Kevan
High court judge rules in Coles v Hetherton on how far a defendant can go in questioning the cost of repairs done to a claimant’s car both generally and when arranged by an insurer.

PI Travel Law, Edited by Katherine Deal, 3 Hare Court

Having a lovely time? Loss of enjoyment of cruising - Helen Pugh, 3 Hare Court
The last six months have not been kind to the cruise industry. Media reports of passengers overboard, of fires onboard ship and vessels adrift in the Indian Ocean, not to mention dramatic photographs of the tragic Costa Concordia disaster. Claims by passengers for loss of enjoyment and diminution in value aplenty, one might think. In fact, those claims may not be as straightforward as is often assumed.

The decision of the Court of Appeal in Harrison v Jagged Globe: at last, some good news for tour operators? - Sarah Prager, 1 Chancery Lane
The Court of Appeal has recently given judgment in the case of Harrison v Jagged Globe, unreported, 29th May 2012. The long-awaited decision clarifies the circumstances in which tour operators will be liable for the actions of their overseas suppliers – and will come as welcome news for an industry in need of it.

Medico-Legal Articles, Edited by Dr Hugh Koch

Emotional Effects of Whiplash and Their Impact on Physical Recovery - Dr Kathryn Newns
Research indicates that psychological distress plays an important role in the persistence of physical injuries following road traffic accidents (RTAs) (Atherton et al. 2006., Carroll et al., 2006). In some cases, the psychological symptomatology experienced following an RTA can last for many years, adversely impacting on physical recovery and the resumption of normal every day activities (Mayou et al. 1997).

Mediation & ADR Articles, Edited by Tim Wallis, Trust Mediation Ltd

Elder Mediation - Steve Hancox, ADR Group Accredited Civil & Commercial Mediator
On 11th–13th June the University of Strathclyde hosts the “5th World Summit and Symposium on Elder Mediation”. Steve Hancox takes a look at what Elder Mediation is all about and the possible benefits for families and/or family businesses.

Marketing for Solicitors

Marketing your Practice: News Update: Cookie Control Compliance - Jenny Cotton, Mortons Marketing
A KPMG survey update of UK business compliance with the Cookie Control regulations reported in the Financial Times shows that only 1 in 5 firms are fully compliant - is your practice? Since 26th May all UK businesses are responsible for ensuring that users of their websites have agreed to the use of cookies. Has your practice checked what cookies are used? Have all your practice contacts given permission for use of cookies? Have you been asked to confirm acceptance of use by other website owners?

Extras

Charon QC: U-Turns and Fraudulent Bankers

BabyBarista: I Have Been Instructed