Layering Claims, Psychological Injury and Tinnitus Update 22nd May 2023Combatting Claims Layering, Duties of Medical Experts, Falsification, Fraud, Injury, Motor, PTSD, Subjective Diagnosis, Tinnitus, Whiplash claimsFOILA panel of speakers looked at the extent which claims layering has increased; how to deal with claims from a procedural point of view; and what is needed from medical expert witnesses.
Presentation slides – Layering claims, psychological injury and tinnitus Update 22nd May 2023Damages, Event, FOIL, Injury, Layering claims, TinnitusFOIL
Ethics of AI in Insurance – Article 3 Update 16th May 2023Ai, AI in Insurance, Ethics of AI, Event, FOIL, TechnologyFOIL
Event update – The Discount Rate in Northern Ireland Update 15th May 2023Damages, Discount Rate, Events, FOILFOIL Northern Ireland
Presentation slides – The Discount Rate in Northern Ireland Update 15th May 2023Damages, Discount Rate, Event, FOILFOIL Northern Ireland
Civil Justice Council (CJC) Costs Review Update 11th May 2023Cost budgeting, Costs, Costs, Extension of Fixed Recoverable Costs, Guideline hourly rates, Pre-Action Digitalisation, Protocols and Portals, QOCSFOILThe CJC has published its final report covering proposals relating to Costs Budgeting; Guideline Hourly Rates; Pre-Action Digitalisation; and the consequences of the extension of Fixed Recoverable Costs.
What constitutes a continuing private nuisance? Update 11th May 2023Continuing private nuisance, Environment, Legal principles, Limitation, Oil, Oil spillFOILJalla and another (Appellants) v Shell International Trading and Shipping Co Ltd and another (Respondents) (2023) UKSC 16
Fixed Recoverable Costs – the draft rules Update 10th May 2023Costs, Costs, CPR & Courts, Draft rules, Fixed Recoverable CostsFOILThe draft CPR rules to extend the FRC regime, to introduce Fixed Recoverable Costs (FRC) for most claims worth up to £100,000, have now been published, with a new Intermediate Track to be created for claims worth between £25k and £100k. A FOIL Update was published on 24 April setting out the provisions in brief. This Update looks behind the headline issues to consider the detail of the proposed rules.
Ethics of AI in Insurance – Article 2 Update 9th May 2023Ai, AI in Insurance, Ethics of AI, TechnologyFOIL
Legal advice: duty of care to third parties Update 3rd May 2023Breach, Causation, Clinical Negligence, Duty of care, Injury, Legal principles, NRAM (2018), Professional Negligence, Tax AdviceFOILMcLean and others v Thornhill (2023) EWCA Civ 466
Ethics of AI in Insurance – Article 1 Update 27th Apr 2023AI in Insurance, Ethics of AI, TechnologyFOIL
Vicarious liability reigned in Update 27th Apr 2023Akin to employment, Employers laibility, Employment, Legal principles, Vicarious liabilityFOILTrustees of the Barry Congregation of Jehovah's Witnesses (Appellant) v BXB (Respondent)