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Personal injury

Limitation period – ‘fear’ claim?

What is the limitation period for bringing a claim based upon ‘fear’?

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Standard costs – fixed or assessed?

The claimant and defendant settled a PI case by consent order with costs ‘on a standard basis, to be assessed if not agreed’.

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Exiting the Portal – unreasonable

But, what about costs if the claimant unreasonably exits the Portal? For instance, suppose there is an unreasonable exit; the claimant starts Part 7 proceedings; and then he accepts a Part 36 offer.

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Exiting the Portal – reasonable

Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’.

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‘Fundamental dishonesty’ – discontinuance?

Can a claimant avoid a finding of ‘fundamental dishonesty’ by serving a notice of discontinuance?

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Costs – captured client

Suppose a claimant is involved in an RTA, and then enters into a CFA with a solicitor, who then notifies the claim to the online claims portal.

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‘Fundamental dishonesty’ – update

The test for ‘fundamental dishonesty’ in PI claims was set out in LOCOG [2018], where the claimant manufactured false invoices to support a claim:

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Interim payment – defending

What evidence should a defendant produce when opposing an interim payment application?

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Damages – lost years

A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions).

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Most-read articles

Trustees – duty to beneficiaries
Wednesday, 11 July 2018
Trustees cannot simply ignore beneficiaries’ request for information about a trust, the High Court has held. In this case, the trust property was a farm outside Cardiff. Read more...
Conveyancing searches – disbursements?
Wednesday, 11 July 2018
Should electronic property searches be treated as disbursements for VAT purposes? Alternatively, are they part of the legal service provided, and so subject to VAT? Read more...
Professional – update
Wednesday, 11 July 2018
From December 2018 there will be new rules requiring firms to publish prices for conveyancing, probate, motoring offences and immigration, as well as the price for bringing ET claims.  Read more...
Service mistake – discretion?
Wednesday, 11 July 2018
To what extent do you have a duty to point out the other side’s procedural errors (as part of your obligation to comply with the ‘overriding objective’)? Read more...
Exiting the Portal – reasonable
Wednesday, 11 July 2018
Insurers should be very careful about making allegations (for instance, at Stage 2 of the EL/PL Protocol), especially if they could be interpreted as allegations of ‘dishonesty’. Read more...
Airbnb – breach of lease
Wednesday, 11 July 2018
It now seems clear that an Airbnb short let will be in breach of a typical long lease. Read more...
GDPR – data rooms
Wednesday, 11 July 2018
If L is planning to sell a property subject to leases, then almost certainly a data room will be set up containing all relevant documents. Read more...
Rights of way – public
Wednesday, 11 July 2018
There are four categories of public rights of way: Read more...
Financial remedies – company assets
Wednesday, 11 July 2018
A recent ruling illustrates when a court can treat a company-owned asset as as a matrimonial asset. Read more...
GDPR – references
Wednesday, 11 July 2018
GDPR impacts on the giving of references: Read more...

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