The Official Injury Claims Service and CRU Update 9th Feb 2022Compensation Recovery Unit, Injury, Official Injury Claim, OIC, Protocols and PortalsFOILThe Compensation Recovery Unit (CRU) has requested FOIL to bring the following announcement to the attention of its members.
Vicarious Liability Update 8th Feb 2022Clinical Negligence, Legal principles, Negligence, Non-delegable duty of care, Self-employed dentists, Vicarious liabilityFOILHughes v Rattan (2022) EWCA Civ 107
Fixed recoverable costs in lower value clinical negligence claims Update 3rd Feb 2022Clinical Negligence, Costs, CPR & Courts, Fixed Recoverable Costs, Light Track, Lower value clinical negligence claims, Mandatory early neutral evaluation, Mandatory stocktake, Protocols and Portals, Standard TrackFOILThe Department of Health & Social Care has launched a consultation in relation to fixed recoverable costs (FRC) in lower value clinical negligence claims. The closing date for responses is 24th April 2022. FOIL is considering these proposals and will submit a response.
The revised Highway Code Update 31st Jan 2022Cyclists, Horses, Junctions, Leaving a vehicle, Legal principles, Motor, Overtaking, Pedestrians, Roundabouts, Shared spacesFOILOn 26th January, the Department of Transport confirmed the changes to the Highway Code that will take effect on Saturday, 29th January. The code applies to England, Wales and Scotland.
E-scooters Update 26th Jan 2022E-scooters, MIB, Micromobility, Motor, MotorFOILSubject to the DfT trial of e-scooters current underway (see below) it is illegal to use an e-scooter on a pavement or road in the UK.
Who could be liable for a car driving into a reservoir? Update 24th Jan 2022Highways Authority, Legal principles, Motor, Negligence, Occupiers Liability, Property, RTA, Tomlinson v Congleton (2003)FOILBrown and others v South West Lakes Trust and others (2022) EWCA Civ 18
Police failure to take preventative steps at the scene of an RTA was not negligent Update 24th Jan 2022Duty of care, Duty to act, Failure to confer a benefit, Ineffectual response, Legal principles, Motor, PoliceFOILTindall and another v Chief Constable of Thames Valley Police and another (2022) EWCA Civ 25
Service of an unsealed claim form Update 20th Jan 2022CPR & Courts, CPR 2.6(1), CPR 3.15, CPR 6.15, CPR 6.16, CPR 7.5, Electronic working, PD510, Services Claim, Technology, Unsealed claim form, Vinos (2001)FOILIdeal Shopping Direct Limited and others v Mastercard Incorporated and others (and related appeals) (2022) EWCA Civ 14
Psychiatric claims by secondary victims, following clinical negligence affecting the primary victim Update 17th Jan 2022Clinical Negligence, Clinical Negligence, Injury, Legal principles, Novo (2013), Psychiatric injury, Secondary victimsFOILPaul and another v The Royal Wolverhampton NHS Trust (and related appeals) (2022) EWCA Civ 12
‘Horseplay’ in the workplace Update 14th Jan 2022Employers laibility, Horseplay, Legal principles, Negligence, Regulations 3 and 4 Management of Health and Safety at Work Regulations 1999, Vicarious liability, WorkplaceFOILChell v Tarmac Cement and Lime Limited (2022) EWCA Civ 7
Was a flight with four legs (and two carriers) a single booking? Update 22nd Dec 2021Air passenger, Aviation & travel, Compensation, Constituent parts, EU Regulation 261/04, Flight delay, Injury, Legal principles, Overseas Law & Brexit, Single booking, Wegener (2018)FOILChelluri v Air India Ltd (2021) EWCA Civ 1953
