The Practical Lawyer

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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