Archive for February, 2012

Summary of Recent Cases – Costs

A Claimant who had elected to withdraw from the Pre-action Protocol for Low Value Personal Injury Claims in RTA’s was only entitled to his costs under the protocol Jakishan Patel v Fortis Insurance Ltd [2011], (CC Leicester), 23/12/11 A motor vehicle insurer had failed to acknowledge a PI claim notification from in accordance with the […]

February 27, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

SUMMARY OF RECENT CASES – PROFESSIONAL AND CLINICAL NEGLIGENCE Solicitor Not Negligent In Disclosing An Unfavourable Expert Report Or For Allegedly Failing To Resolve A Conflict Of Evidence Between Experts Boyle v. Thompsons Solicitors, QBD, 27/01/12 Coulson J dismissed the Claimant’s claim for damages for alleged professional negligence against the Defendant firm of solicitors in […]

February 23, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

DAMAGES Interim Payment Properly Ordered To A Non-Test Claimant In Group Litigation Revenue & Customs Commissioners v. GKN Group, CA, 31/01/12 The Court of Appeal held that the Court had been entitled to make an interim payment to the Respondent, which was a party to the Franked Investment Income Group Litigation. The Court of Appeal […]

February 19, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

PERSONAL INJURY & FATAL ACCIDENTS A Van Emerging Onto A Main Carriageway Without Seeing Motorcycle 20% Liable For Collision With Motorcyclist That Ensued Ringe v. Eden Springs (UK) Ltd, QBD, 12/01/12 David Pittaway QC had to determine liability in a claim for damages for personal injury brought by the Claimant motorcyclist. The Claimant had been […]

February 16, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Cameron pledges to ‘kill’ health and safety culture… Telegraph RTA Portal responds to possible extension of PI Claims Protocol… RTA PI Claims Process PI firm launches ‘anti-Jackson’ campaign… Legal Futures

February 13, 2012 · Editorial Team · Comments Closed
Posted in: News

Industry News

Transport Select Committee calls on insurers to take measures to cut costs of premiums… UK Parliament …as Fitch Ratings advises that a full referral fee ban would be positive… Fitch Ratings …although the Law Society blames the insurers for the hike in premiums… Trainee Solicitor

February 10, 2012 · Editorial Team · Comments Closed
Posted in: News

PI Practitioner – each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area

LIABILITY FOR NEGLIGENTLY PARKING OR STOPPING IN THE ROAD • Waller v Levoi (1968) Sol Jo 865 D stopped too close to a corner, which was not sharp but was a distinct corner. It was held that C was 20% liable for failing to notice the parked car in time. • Chop Seng Heng v […]

February 4, 2012 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

The trial judge had not erred in implicitly accepting a witness’ evidence as truthful despite not clearly expressing his reasoning and consequent findings Maynard v Wigan Metropolitan Borough Council (2011), CA, 21/12/11 A local authority appealed against a decision that it had breached its duty of care owed to the Claimant when she had fallen […]

February 1, 2012 · Editorial Team · Comments Closed
Posted in: Cases