The Practical Lawyer

Personal injury

CFAs – no automatic 100% success fee

In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages.

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Interim costs order – when to exercise

The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022.
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Vicarious liability – developments

We reported in our February 2019 edition (p16) on three recent cases involving vicarious liability in an employment context.
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Loss resulting from breach of duty – reaffirmed

The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner. 
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Travel sickness – proving the claim

An interesting statistic: in recent years travel sickness claims have increased by 500% despite reports of sickness in resorts having stayed stable or even decreased.
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Part 36 offers – appropriate

Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may impose severe costs and/or interest penalties. 
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Children – schools’ duty?

A school student had put on her PE kit, and was running to the hockey field. On the way she deviated from the path, and slipped on some mud. She fell, and hurt her elbow.
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Credit hire – no liability to pay?

A credit hire contract will say that the hirer must pay the credit hire charges. It will also say that those charges can be deferred while they are recovered from the negligent third party. 
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Travel sickness – obstacles

There are many obstacles to bringing a travel sickness claim. Indeed, such claims have been actively discouraged by the CA judgment in Wood [2017]:
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QOCS – counterclaim

Can a defendant bring a PI counterclaim, and then claim the benefit of QOCS (qualified one-way costs shifting)?
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Probate fees – increase delayed
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We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
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The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
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The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...


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