Personal Injury Articles

Relief from sanctions: the trend every litigator needs to know about – Sarah Prager, 1 Chancery Lane 
Sarah Prager discusses a growing trend for judges in the higher and lower courts to refuse to grant relief from sanctions; and asks where we go from here.

Abuse of Process – Michael Brace, Civitas Law 
With an ever increasing focus on claimant abuse of the claims process, Michael Brace, Barrister at Civitas Law analyses the power to strike out fraudulent claims at trial.

Fair Compensation? – Steven Weddle, Hardwicke 
Until the Lord Chancellor started to fix the discount rate for calculating future loss multipliers the Courts did their best to provide a “real” rate by looking at reality. In so doing they were trying their best to provide fair and proper compensation…

Loss of No Claims Bonus – Aidan Ellis, Temple Garden Chambers 
By far the most common thing that clients in road traffic accident cases say at court is “hasn’t this taken a long time”. I suspect that not much can be done to address this concern. Despite reforms intended to speed up the process especially in low value cases, litigation inevitably longer than many expect. But I wonder whether more could be done to address the second most common concern that clients raise in road traffic accident cases: “what about my no claims bonus?” Many individuals find that by the time they get to court, they have already had to pay a higher annual insurance premium as a result of the ongoing claim. This cost is often as significant to the individual as the insurance excess, but in my experience loss of no claims bonus is seldom included in a claim for special damages. Should it be?

NZ Supreme Court Rethinks Compensation for Failed Sterilisation, What can Britain Learn? – Therese Wallin 
In a recent ruling, the Supreme Court of New Zealand has overturned a Court of Appeal judgment, and ruled that victims of failed sterilisation, due to medical negligence, are entitled to seek compensation from the Accident Compensation Corporation. This is the body responsible for implementing the Accident Compensation Act 2001. This post contrasts the legal approach taken in New Zealand with that of the England and considers potential insights to the latter.

Will the Court allow an insurer to make a profit on vehicle repair costs? – Flora Wood, Partner, Ashfords Solicitors 
The 13 actions that combined in the recent Royal and Sun Alliance Test Cases (Coles, Wood-head, Crother v Heatherton, Guy, Thomas) answered the question: can an insurer make a profit on vehicle repair costs? Given the Court’s usually harsh view of unnecessary and frivolous costs, the somewhat surprising answer at present is yes, they can.

October 19, 2012 · Editorial Team · Comments Closed
Posted in: News