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Personal injury

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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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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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
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. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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