A defendant’s application for a variable PPO; and who bears the cost of a personal injury trust? Update 18th May 2022Capacity, Cost, Costs, CPR & Courts, Damages, Defendant's Application for Variation, Deterioration, Injury, Periodical Payments, Personal Injury TrustFOILMartin v Salford Royal NHS Foundation Trust (2022) EWHC 532 (QB)
Section 41 of the Consumer Protection Act 1987 and Limitation Update 17th May 202210-year longstop, Legal, Legal principles, Product Liability, Product Liability Directive, S11A Limitation Act 1980, S41 Consumer Protection Act 1987FOILIndividual consumers of products are not able to circumvent the limitation longstop restricting claims for damages being brought under the Consumer Protection Act 1987 (“the CPA”) more than 10 years after the product is first put into circulation.
Important developments in CPR Update 17th May 2022Abuse & safeguarding, Costs, CPR & Courts, CPR 44.14, Damages, Damages Claims Pilot, Defendant Registration, Fixed Recoverable Costs, Legal principles, Offset, QOCS, VulnerabilityFOILConsultation on changes to the Qualified One-Way Costs Shifting (QOCS) regime in personal injury cases
Sanctions have repercussions for the shipping industry Update 16th May 2022EU, Marine, Marine, Overseas Law & Brexit, SanctionsFOILFor many years now, sanctions have been used as a tool to seek to influence the behaviour of states deemed to be acting in ways unacceptable to the international community. These sanctions are directed at preventing or limiting trading, importing and/or exporting goods (including technology) and freezing assets. The major instigators of sanctions have been the UN, the USA and the EU (including the UK prior to Brexit).
The importance of drawing up bills of costs in the correct format Update 12th May 2022Costs, Costs, CPR & Courts, CPR 44.4, Detailed Assessment, Electronic Bills, Marine, Paper Bills, PD47, Strike-outFOILAKC (Protected Party) v Barking, Havering & Redbridge University NHS Trust (2022) EWCA Civ
Is expert evidence crucial to a claim for acoustic shock? Update 6th May 2022Absence of Expert Evidence, Breach of duty, Burden of proof, Clinical Negligence, Legal principles, Trade bodies / regulatorsFOILStorey v British Telecommunications Plc (2022) EWCA Civ 616
Understanding Your Clients’ Universe Update 4th May 2022Damages, Events, FOIL, Universal creditFOILLondon Market FOILThis event, hosted by FOIL London, took place on 24th March 2022 and was led by Mark Huxley of Insure Scale UP.
The evidential status of credit hire agreements Update 3rd May 2022Bailee, Credit hire, Economic Loss, Internal Contractual Arrangements, Legal, Legal principles, Motor, Negligence, Property, Subrogated losses, Vehicle related damageFOILArmstead v Royal Sun Alliance Insurance Company Limited (2022) EWCA Civ 497
House of Commons report on NHS reform Update 3rd May 2022ADR, Claims for clinical negligence, Clinical Negligence, Clinical Negligence, Compensation, CPR & Courts, Injury, Motor, NHS, ReformsFOILA House of Commons Committee has suggested a wholesale reform of the way in which compensation is paid to patients suffering harm while undergoing NHS treatment.
When can a court refuse to issue a Claim Form? Update 8th Apr 2022Claim form, CPR & Courts, Issue papers, Legal principles, Limitation, Payment of court fee, Proceedings 'brought', Protocols and PortalsFOILChelfat v Hutchinson 3G UK Limited (2022) EWCA Civ 455
The DCP – Digital Claims in the County Court Update 6th Apr 2022County court, CPR & Courts, Digital Claims Portal (DCP), Lord Justice Birss, Protocols and PortalsFOILFOIL meets with Lord Justice Birss and Mr Justice Johnson
New JSB Guidelines Update 5th Apr 2022Damages, General damages, Injury, Personal Injury, Tariff-based awards, Update for inflationFOILThe sixteenth edition of the Guidelines for the Assessment of General Damages in Personal Injury Cases will be published on 11th April.
