Updates and Briefing Papers

The Churchill Decision and its Impact

• FOIL

The Court of Appeal's landmark ruling in Churchill v Merthyr Tydfil Borough Council [2023] EWCA Civ 456 overturned the long-standing position that English courts cannot compel parties to engage in early dispute resolution ADR/EDR processes, such as mediation.

Aviation Autonomy and Autonomous Vehicles – The New Frameworks

• FOIL

The Law Commission's recent consultation on aviation autonomy marks a significant step towards modernising the legal framework governing autonomous aircraft operations in the UK.

Analysis: The Automated Vehicles Act

• FOIL

The Automated Vehicles Act represents a significant milestone in the regulation of automated vehicles in the UK.

Supreme Court Clarifies Causation and Damages in Japanese Knotweed Nuisance Claims

• FOIL

In a unanimous decision delivered on 10th May 2024, the UK Supreme Court has provided authoritative guidance on the recoverability of damages for diminution in property value caused by the encroachment of Japanese knotweed from neighbouring land.

Comprehensive Analysis of the Law Society 21st Century Justice Project Interim Report 2024

• FOIL

The Law Society's 21st Century Justice Project Interim Report 2024 provides a detailed and well-researched blueprint for the modernization of the UK's justice system.

Official Injury Claim and the Whiplash Reforms Roundtable Summary

• FOIL

This note offers a summary of the recent FOIL roundtable event discussing the whiplash reforms and the Official Injury Claim (OIC) Portal.

Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme

• FOIL

Department of Work and Pensions Circular

• FOIL

The 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.

Personal Injury Litigation process Scottish Civil Justice Council Pre-action protocol

• FOIL Scotland

The Scottish Personal Injury Pre-Action Protocol was introduced on 28 November 2016 by the Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016.

MOJ extension of Fixed Recoverable Costs

• FOIL

Following the MOJ consultation in July last year on some of the details of the new extended FRC regime, the MOJ has published a response setting out changes and clarification to the rules. Most of the changes will take effect from 6 April, with two of the more significant reforms held over until October this year.

Hadley v Przybylo: Recoverability of Solicitors’ Costs for Case Management Meetings

• FOIL

In the recent judgement of Hadley v Przybylo [2024] EWCA Civ 250, the Court of Appeal deliberated on the recoverability of solicitors’ costs associated with attending rehabilitation case management meetings within the ambit of inter-partes costs.

Levelling the Playing Fields to Justice

• FOIL

In-Depth Analysis of the New English Law that Will Enhance Access to Justice Against Powerful Companies