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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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Page 5 of 48

Most-read articles

Probate fees – increase delayed
Thursday, 09 May 2019
We reported in the April 2019 edition (p34) on the increase of probate fees which was due to come into effect in April 2019. Read more...
VAT Order – construction services
Thursday, 09 May 2019
The VAT (s55A) (Specified Services and Excepted Supplies) Order 2019 comes into effect in relation to supplies made on or after 1 October 2019. Read more...
Brexit – impact on solicitors
Thursday, 09 May 2019
The Law Society has issued guidance for solicitors on the impact of the postponement of the UK’s departure from the EU. Read more...
RTA claims – no lawyers
Thursday, 09 May 2019
The Gazette reports that the MoJ has issued a consultation as to how to create an IT platform to enable unrepresented litigants to progress their own claim. Read more...
CFAs – no automatic 100% success fee
Thursday, 09 May 2019
In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages. Read more...
T’s failure to respond – not a refusal of access
Thursday, 09 May 2019
The UT has held that T’s failure to reply to a letter from L requesting access to the property did not amount to a refusal of access. Read more...
MEES non-domestic rentals – reminder
Thursday, 09 May 2019
The MEES regulations are designed to tackle the least energy efficient properties in England and Wales and the Regs establish a minimum standard of EPC band E for domestic and non-domestic private... Read more...
‘Highway’ – no single meaning
Thursday, 09 May 2019
The SC has recently clarified the meaning of a highway. Read more...
Procedure – divorce
Thursday, 09 May 2019
Divorce practitioners may be particularly interested in the background to a recent case setting out the administrative processes and procedures by which errors in divorce proceedings are picked up... Read more...
EU citizens – right to work checks
Thursday, 09 May 2019
The government has issued guidance on employing EU, EEA and Swiss citizens, and their family members, after Brexit. Read more...

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