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Personal injury

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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Holiday sickness – fixed costs!

The number of ‘holiday sickness’ claims by UK nationals while holidaying abroad has increased dramatically in the last few years. 
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Inquest – costs?

The costs of attending an inquest are often allowed when liability for the death has not been admitted, and attending the inquest is a necessary part of the claimant’s enquiry into the circumstances of the death.
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‘Fundamental dishonesty’ – rigid application

 A defendant who is ‘fundamentally dishonest’ about part of their insurance claim forfeits the entire claim.

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Success fee – discovery of file?

The 2013 Jackson reforms authorised the deduction of costs, up to a maximum of 25% of the damages recovered. As is well known, it is now being argued that many of those (maximum) 25% deductions were excessive – with a flurry of professional negligence claims being made.

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Occupier’s liability – car park

The claimant slipped on ice in an unmanned car park owned and operated by the LA. Such car parks were not gritted, with the LA operating a ‘reactive’ system (ie reacting to reports from members of the public).

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Manual handling – ‘real risk’?

The CA has confirmed the importance of applying the ‘initial threshold’ test in manual handling claims.

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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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