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.
Digital Claims Portal: PD51ZB Update 29th Mar 2022CPR & Courts, Digital Claims Portal (DCP), Legal principles, Mandation of Claimant Issue Step, Overseas Law & Brexit, PD51ZB, Protocols and Portals, SanctionFOILFOIL has received the following formal indication from HMCTS confirming that the Digital Claims Portal (the DCP), under PD 51ZB, will become compulsory for claimants from 4th April.
Concussion in High-Risk Sports Update 28th Mar 2022Concussion, Injury, Legal principles, WaiverFOILThis roundtable event looked at the issues of liability and causation in concussive head injury cases arising out of contact sports. The part to be played by insurers was also considered, given the spread of risk between professional and grass-roots players.
The impact of a S152 RTA declaration prior to 1 November 2019 Update 23rd Mar 2022Avoidance ab initio, Declaration, Directive 2009/103/EC, Liability of MIB, Motor, Overseas Law & Brexit, Policy wordings and principles, Ss 151 and 152 Road Traffic Act 1988FOILColley v Motor Insurers’ Bureau (2022) EWCA Civ 360
CRU Update: Recovery of NHS Charges From 1st April 2022 Update 23rd Mar 2022Clinical Negligence, CRU, Damages, DWP, Injury, NHS, Tariff of NHS ChargesFOILThe Compensation Recovery Unit, on behalf of the Department of Health and Social Care (DHSC), currently administers the above scheme, which allows for the recovery of National Health Service (NHS) costs following injuries where people claim and receive personal injury compensation.
Digital Claims in the County Court Update 23rd Mar 2022Application Programming Interface (API), Case Management Systems (CMS), CPR & Courts, Defence and Directions Questionnaire, Digitalisation, Email addresses, Issue and service, Mandatory use, TechnologyFOILThis event took place on 16th March 2022. The digitalisation of the courts system is a long-term government initiative and the county court is the latest phase.