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Personal injury

‘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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CMCs – new regulator

In early 2019 the Financial Conduct Authority (FCA) will take over the regulation of claims management companies (who currently come under the jurisdiction of the Claims Management Regulator).
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Success fee – overcharging?

Claimant PI lawyers have been hit from every direction: apart from the Civil Liability Bill, there are challenges to 2013 transfers of CFAs, and conversion of LA certificates into CFAs. 
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CFA – ‘informed consent’

We noted in the March/April 2018 issue (p31) the importance of obtaining the client’s ‘fully informed consent’ when assigning a CFA from one firm to another. 
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Claimants – Civil Liability Bill

The Civil Liability Bill is intended to introduce the whiplash ‘reforms’, as well as changes to the calculation of the discount rate. 
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