Child Abuse: A Local Authority’s Duty of Care Update 5th Sep 2022Abuse & safeguarding, Children, Children Act 1989FOILHXA v Surrey County Council and YXA (Protected Party) v Wolverhampton City Council (2022) EWCA Civ 1196
Review of the whiplash tariff after one year of implementation Update 12th Aug 2022Legal principles, Motor, Statutory Three-Years, Whiplash, Whiplash TariffFOILThe Deputy Director of the Civil Justice and Law Policy Division of the Ministry of Justice has written to Stuart Hardy, President of FOIL to provide members with an update on the Government’s whiplash reform programme.
Notification from CRU relating to form CRU1 Update 3rd Aug 2022CPR & Courts, CRU1, Damages, Settlement Notification and PaymentFOILThe Compensation Recovery Unit (CRU) has requested FOIL to bring the following notice to the attention of members dealing with accident and disease claims.
Law Commission Consultation: Digital Assets Update 2nd Aug 2022Crypto tokens, Data objects, Digital Assets, Law Reform, Legal principles, Property, Technology, Third category of personal propertyFOILThe Law Commission (LC) has published a consultation paper which contains provisional law reform proposals to ensure that the law recognises and protects digital assets (including crypto-tokens and cryptoassets) in a digitised world.
Government Consultation: Increasing the use of mediation in the civil justice system Update 27th Jul 2022ADR, Automatic referral, CPR & Courts, External mediators, Protocols and Portals, Small Claims Mediation ServiceFOILThis consultation opened on 26th July and relates to the Government’s proposal to introduce automatic referral to mediation for all proceedings allocated to the small claims track of the County Court.
FOIL and The Commonwealth Insurance Forum Update 18th Jul 2022Commonwealth Insurance Forum, FOIL, FOIL Event, Trade bodies / regulatorsFOIL
FOIL and The Commonwealth Insurance Forum – Slides Update 18th Jul 2022Commonwealth Insurance Forum, FOIL, FOIL Event, Trade bodies / regulatorsFOIL
Always check the wording of orders! Update 11th Jul 2022Adelekun, Consent Order, Contracted out, Costs, Costs to be assessed, CPR & Courts, CPR 45 - SIIIA, Fixed Recoverable Costs, Legal, Legal principlesFOILDoyle v M&D Foundations & Building Services Limited (2022) EWCA Civ 927
An early look at the application of the new guideline hourly rates Update 8th Jul 2022Costs, CPR & Courts, CPR 44.6, Delegation, Excessive Rates, New Guideline Hourly Rates, PD44-9.2, Summary assessment of costsFOILRushbrooke UK Ltd v 4 Designs Concept Ltd (2022) EWHC 1416 (Ch)
Defendants and Damages Based Agreements Update 7th Jul 2022CPR & Courts, Damages, Damages Based Agreement Regulations 2013, Defendants, Legal principles, No recovery from the other side, S45 LASPO 2012, S58AA Courts and Legal Services Act 1990FOILCandey Limited v Tonstate Group Limited and others (2022) EWCA Civ 936
Harnessing Male Allyship to Build a Truly Gender Equal Workspace Update 7th Jul 2022ESG, Event, FOIL, Gender Equal Workspace, Male AllyshipFOILThis event was held (virtually) on 15th June 2022 and was led by Mark Huxley (MH), special adviser to London FOIL.
Civil Justice Council (CJC) Working Group – Initial Report Update 4th Jul 2022Cost budgeting, Costs, Digital Justice System, Extension of Fixed Recoverable Costs, Guideline hourly rates, Portals, Pre-action protocols, Protocols and Portals, Review of costs issuesFOILA working group set up at the request of the Master of the Rolls has published its initial report on costs. The group has adopted a strategic and holistic approach to its review of costs issues.
