Updates and Briefing Papers

CAM Legal Services Ltd v Belsner – Claimants’ Solicitors will be holding a collective breath

• FOIL

Put simply, the issue here was whether a solicitor, seeking to rely on CPR 46.9(2), is required to show that the client, under a conditional fee agreement (CFA), gave informed consent to having deducted from their damages a sum in respect of their solicitor’s costs which was greater than that recoverable from the other party in the proceedings.

Third party disclosure applications against parties outside of the jurisdiction

• FOIL

Gorbachev v Guriev and Fosters LLP v T.U. Reflections Limited and others (2022) EWCA Civ 1270

Claims for Credit Hire at Stage 3 Hearings

• FOIL

London Borough of Islington v Bourous and Davis v Yousaf (2022) EWCA Civ 1242

The Retained EU Law (Revocation and Reform) Bill

• FOIL

This Bill was introduced to Parliament on 22nd September 2022. As members will know, retained EU Law is a category of domestic law created at the end of the transition period and consists of EU-derived legislation that was preserved in our domestic legal framework by the European Union (Withdrawal) Act 2018.

The Compensation Recovery Unit (CRU): Transforming the CRU Service – Update

• FOIL

Since CRU’s last update in June 2022, regarding transforming its Debt Recovery work, it has been developing a new service, the Compensation Recovery Service (CRS).

Defendants mandated to use the Damages Claims Pilot from 15th September

• FOIL

By way of the 150th Update, amendments are made to Practice Direction 51ZB – The Damages Claims Pilot, which supplements the Civil Procedure Rules 1998. These come into force on 15th September 2022.

Child Abuse: A Local Authority’s Duty of Care

• FOIL

HXA 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

• FOIL

The 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

• FOIL

The 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

• FOIL

The 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

• FOIL

This 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

• FOIL