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Personal injury

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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Withdrawing admissions – increase in value?

Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the defendant withdraw the earlier admission?

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Fatal accidents – bereavement damages

The CA has highlighted the need for change to Fatal Accidents Act 1976 insofar as it deals with the position of cohabitees. There are two points:

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Discount rate – change

We all know that the discount rate will be changed (to make it less generous). What has not been announced is when that change will come into effect – although there will be at least nine months’ warning. Having said that, it is likely that the new rate will immediately be taken into account by the courts as soon as it is announced.

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TUPE – tort liability?

When TUPE applies, is the ‘new’ employer liable for breaches of duty by the ‘old’ employer?

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