Archive for March, 2013

Summary of Recent Cases – Costs

Wasted costs order made against the claimant’s solicitors where there was clear evidence of incompetence that could fairly be termed as negligence. Rasoul v Linkevicius (1) Groupama (2) (2012) Central London County Court (Judge Collender QC), 05.10.12 A wasted costs order was granted against a solicitors firm which had pursued a road traffic accident claim on […]

March 27, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Follett v Wallace, [2013] EWCA Civ 146, [2013] All ER (D) 57(Mar) The claimant in this matter suffered catastrophic injuries in a road traffic accident and came substantially to a settlement with the defendant’s motor insurer. The settlement included provision for periodical payments. Two issues remained between the parties. Firstly, the defendant insurer wanted a […]

March 23, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

Goodman v Faber Prest Steel [2013] EWCA Civ 153, [2013] All ER (D) 26 (Mar). This claim arose from a road traffic accident on 26 February 2004. Liability was admitted subject to a 1/3 reduction in respect of contributory negligence. The Claimant maintained that he had suffered from pain in both knees, lower back and neck. […]

March 19, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Substantive Law

R (on the application of Association of Personal Injury Lawyers) v Secretary of State for Justice [2013] All ER (D) 11 (Mar) This case revolved around ss.56 – 60 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 which bans the payment of referral fees in personal injury cases after 1 April 2013. One […]

March 16, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Industry News

Ministry of Justice consultation proposes increase in the Discount Rate… New Law Journal Aviva publish report into reform of personal injury claims process… Aviva Woman left paralysed by hospital error recovers compensation… BBC

March 13, 2013 · Editorial Team · Comments Closed
Posted in: News

Industry News

BRAVE NEW WORLD: Links to Civil Procedure Amendment Rules and Explanatory Note… The Rules The Note … Closely followed by new Practice Directions… Kain Knight Draft Protocol rules for portal extension announced… Browne Jacobson

March 10, 2013 · 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

Recovering the costs of an inquest in subsequent civil proceedings. Section 51 of the Supreme Court Act 1981 (as amended): “S.51 Costs in civil division of Court of Appeal, High Court and county courts (1) Subject to the provisions of this or any other enactment and to rules of court, the costs of and incidental […]

March 4, 2013 · Editorial Team · Comments Closed
Posted in: Cases

Summary of Recent Cases – Civil Procedure

A verbal settlement agreement was valid and binding where the terms were sufficiently clear and certain about the sum to be paid and the date for payment, notwithstanding that the agreement was never concluded in writing. Allen v Fisher Jones Greenwood (A Firm) (2013) QBD (Judge Simon Brown QC) The defendant alleged that a formal […]

March 1, 2013 · Editorial Team · Comments Closed
Posted in: Cases