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Personal injury

Aviation – emergency evacuation

An emergency evacuation claim may be contemplated if a client is involved in an emergency escape from an aircraft. Particular problems arise if the client suffers purely psychological injury, without any physical bodily injury.

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Damages – welfare benefits

For most means-tested benefits, the general rule is that the client must have less than £16,000 in capital to receive the benefit at all. If the client holds more than £6,000 then there will be a reduced level of benefit. Any income they receive in addition to benefits is taken into account when calculating entitlement, and usually reduces them.

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Damages – vulnerable clients

  A vulnerable client may have sufficient capacity to give instructions on the conduct of the claim (and any settlement offer), but that does not necessarily mean that the client has the capacity needed to manage large sums of money. This can particularly be the case for clients with head injuries, learning disabilities or mental illness.

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Costs – disposal hearing

The CA recently gave judgment on whether listing for a ten-minute disposal hearing amounted to listing the claim for trial when deciding the level of fixed costs in a claim under the Employer’s Liability Protocol.

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Contrib – drunk pedestrian

Motorists have to anticipate that pedestrians may be careless, and the driver’s burden to be careful will outweigh any burden upon a pedestrian or cyclist. The court’s approach is that all foolishness is foreseeable to some extent.

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Fixed costs – pre-disposal settlement

The CA has given important ruling on the fixed-costs formula for cases that settle ahead of a ‘disposal hearing’. The specific circumstances are very common:

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Costs on account – interim payment

The CPR rules setting out the court’s power to order a payment on account of costs changed in April 2013. Previously, the court ‘may’ order such a payment – whereas the new wording says the court ‘will’ make such an order, unless there is good reason not to do so (44.2(8)).

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RTA Portal – errors

The Portal for low-value RTA claims was set up in 2010. But errors are still made:

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MIB – foreign accidents

A UK claimant injured abroad by a foreign uninsured motorist may well be able to claim under the MIB. But, will damages be assessed under English law, or under the foreign law?

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Dependency – cultural differences

To what extent can cultural differences be taken into account when doing the crystal-ball exercise of calculating the ‘dependency’ in a fatal accidents claim? The answer is that cultural differences must be considered.

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Court of Protection – trust deputies
Friday, 13 April 2018
How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update
Friday, 13 April 2018
 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment
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The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds?
Friday, 13 April 2018
The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value?
Friday, 13 April 2018
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... Read more...
Service charges – estoppel?
Friday, 13 April 2018
Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice
Friday, 13 April 2018
The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance
Friday, 13 April 2018
One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations
Friday, 13 April 2018
 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday
Friday, 13 April 2018
 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...

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