FOIL Update – Rehabilitation Joint Proposals Update 20th Dec 2019Injury, MOJ, Portal, Protocols and Portals, Rehabilitation, RTA Portal Protocol, Trade bodies / regulatorsFOILFOIL IrelandFOIL selectLondon Market FOILFurther proposals for rehabilitation in lower value soft tissue injury claims
FOIL Update – Part 36 Update 19th Dec 2019Costs, CPR & Courts, CPR 36, CPR 47, Damages, Detailed Assessment, Exclusive of interestFOILFOIL IrelandFOIL selectLondon Market FOILThe main question raised by this appeal was whether an offer exclusive of interest could be made under CPR Part 36 either generally or at least in the context of proceedings for detailed assessment of costs under CPR Part 47.
FOIL Update – Ogden 8 Update 5th Dec 2019Damages, Life expectancy, Loss of earnings, Multipliers, Ogden TablesFOILFOIL IrelandFOIL selectLondon Market FOILFollowing the publication on 2 December 2019 of the latest life expectancy data from the Office for National Statistics (ONS), the Ogden Working Group met on 3 December. The meeting was attended by FOIL representatives Alistair Kinley and Andy Underwood.
FOIL Update – Mackenzie Update 3rd Dec 2019Deafness, Injury, Keefe, Mackenzie, Noise SurveyFOILFOIL IrelandFOIL selectLondon Market FOILNoise induced hearing loss - Mackenzie v Alcoa Manufacturing (GB) Limited
FOIL Update – Part 36 & Fixed Costs Update 25th Nov 2019CPR & Courts, Part 45, Protocols and Portals, RTA Portal Protocol, Section IIIA CPRFOILFOIL IrelandFOIL selectLondon Market FOILThis appeal concerned whether, following the compromise of her claim, the claimant/respondent was entitled to recover her costs on a “conventional” basis (subject to detailed assessment) or whether her costs were restricted to those payable under Section IIIA of CPR Part 45 (fixed costs).
FOIL Update – Edwards Update 25th Nov 2019Causation, CPR & Courts, Damages, Injury, Loss of opportunity, Services Claim, VWFFOILFOIL IrelandFOIL selectLondon Market FOILProfessional negligence – Edwards v Hugh James Ford Simey Edwards (Deceased) v Hugh James Ford Simey (2019) UKSC 54
FOIL Update – Stage 3 Evidence Update 19th Nov 2019CPR & Courts, Damages, Legal principles, Low Value Personal Injury, Out of Time, Practice Direction 8B, Pre-action Protocol, Protocols and PortalsFOILFOIL IrelandFOIL selectLondon Market FOILWickes Building Supplies Limited v Blair (2019) EWCA Civ 1934
FOIL Update – Irani v Duchon Update 12th Nov 2019Cross-examination, Damages, Legal principles, Loss of earnings, Multiplier, Smith v ManchesterFOILFOIL IrelandFOIL selectLondon Market FOILThe claimant/appellant had suffered serious in a road traffic accident on 23 July 2013.
FOIL Update – Third Party Costs Update 7th Nov 2019Control, Costs, Legal principles, Third Party Costs, Unjustified intermeddlingFOILFOIL IrelandFOIL selectLondon Market FOILAn insurer’s liability for third-party costs
FOIL Update – RTA Portal Roundtable Update 6th Nov 2019MOJ, Motor, Trade bodies / regulators, WhiplashFOILFOIL IrelandFOIL selectLondon Market FOILA challenging timetable but April 2020 is still the aim. Existing SCT limit will apply to minors and protected parties.
FOIL Update – Insurers reporting to the FCA Update 6th Nov 2019Damages, FCA, Injury, Motor, Personal Injury, Savings, Trade bodies / regulators, WhiplashFOILFOIL IrelandFOIL selectLondon Market FOILThe Civil Liability (Information Requirements) and Risk Transformation (Amendment) Regulations 2020
FOIL Update – Damages Based Agreements (DBAs) Update 30th Oct 2019Costs, Damages, DBA Regulations, Expenses, HybridFOILFOIL IrelandFOIL selectLondon Market FOILEarlier this month, Professor Rachael Mulheron and Mr Nicholas Bacon QC prepared an explanatory memorandum in support of their recommendations for revised DBA regulations.