Archive for August, 2012

Summary of Recent Cases – Costs

A premium for after the event insurance, taken out shortly before an appeal, covering the costs of the appeal and the costs of the trial at first instance, was not recoverable in full Hawksford Trustees Jersey Ltd (Trustee of the Bald Eagle Trust) v Stella Global UK Ltd [2012] EWCA Civ 987 A trial and […]

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

Summary of Recent Cases – Substantive Law

Beasley (A Child) v Alexander [2012] EWHC 2197, QB D performed a U-turn from stationary traffic into the path of C, a following motorcyclist who was intending to overtake him. D was liable because he had failed to ensure that his way was clear before making his manoeuvre. Even though C was travelling too fast, he […]

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

Personal injury claims increase

A report from the Actuarial Profession states there has been a rise in the number of people making a personal injury claim after a road accident shown by insurance analysts. Traffic incidents decreased by 11% but personal injury claims increased by 18%, which may cost the insurance industry £400m a year. Firms are making a […]

August 22, 2012 · Editorial Team · Comments Closed
Posted in: News

Summary of Recent Cases – Substantive Law

Applicability of s.2 of the Occupiers Liability Act 1957 Decisions by the Court of Appeal and the Queen’s Bench Division appear to conflict on whether or not a landlord owes a duty to his tenant under s.2 of the Occupiers’ Liability Act 1957. (a) Drysdale v Hedges [2012] All ER (D), The Claimant brought an action against […]

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

Summary of Recent Cases – Substantive Law

Simmons v Castle [2012] EWCA Civ 1039, 2012 All ER (D) 335 (Jul). The Court of Appeal made a declaration regarding the increase in general damages in tort actions. This increase was due to the forthcoming changes to litigation funding flowing from the Jackson reforms. The recommended 10% increase in general damages would be adopted as […]

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

Industry News

Court of Appeal confirms general damages to increase by 10% from April 2013… Judiciary of England and Wales Written Ministerial Statement on the implementation of Part 2 of LAPSO Act 2012… Politics Home MoJ publishes report evaluating new low value RTA claims process… Ministry of Justice

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

Industry News

Costs lawyers predict that Jackson reforms will lead to an increase in disputes between solicitors and their own clients… Legal Futures NHS pays out £1.2bn in litigation bills in one year… Health Service Journal Four arrested in crash-for cash fraud investigation… Insurance Post

August 10, 2012 · Editorial Team · Comments Closed
Posted in: Cases

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

Coles v Hetherington [2012] EWHC 1599 (Comm), [2012] All ER (D) 102 (Jun) The Commercial Court handed down a preliminary judgment in this case concerning the recovery of the cost of repairing cars damaged in road traffic accidents. The Claimant’s insurer, Royal Sun Alliance Insurance (RSAI), had established a system whereby a company within the RSA […]

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

Summary of Recent Cases – Civil Procedure

Though the court had inherent jurisdiction to strike out a statement of case at any stage of proceedings, even when it had already been determined that a Claimant was in principle entitled to damages. However that power was only likely to be exercised when it was just and proportionate to do so, and that was […]

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