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Personal injury

Vicarious liability – wrongful settlement?

Suppose an employer is sued on the basis of vicarious liability for the behaviour of an employee. If the employer settles that claim without the consent of the employee, is that a potential breach of the duty of implied trust and confidence between employer and employee?

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MIB – new agreements

In January, the MIB published a new Untraced Drivers Agreement, and a revised version of its Uninsured Drivers Agreement, with the changes coming into effect on 1 March 2017.

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Discount rate – change

There has been much publicity about the reduction in the discount rate to -0.75%. The change came into force on 20 March 2017. As a note from Stephen Gold put it: ‘withdrawn any claimant CPR Part 36 offers lately?’ [2017] LJ 10 March 17.

 

Foreign accidents – Rome II

For all accidents occurring after January 2009, Rome II sets out which country’s laws should apply (ie the ‘applicable law’). Clause 4 sets out three principles:

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Fixed costs – Part 36

One of the most important personal injury cases of 2016 was Broadhurst [2016] in which the CA decided that Part 36 trumps the fixed costs regime (in Part 45). Previously, defendants had argued that claims begun in the portal should only get fixed costs – whatever the outcome. Since that decision we can see a much greater use of Part 36 offers by claimants, and a greater willingness by defendants to take those offers seriously. In simple terms, a claimant who beats an earlier Part 36 offer at trial will normally get indemnity costs, which are likely to be several times more than the fixed costs that would otherwise have been available.

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Highways – lack of resources

The CA has confirmed that a highway authority’s lack of resources is irrelevant when considering its defence under s58 HA 1980.

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Highways – irregular inspections

It is not uncommon in highway cases for the frequency of inspections to be challenged by a claimant who says the highway ought to have been inspected monthly, but with the highway authority having only done so every three months. If the court decides that a monthly inspection was required, then the s58 ‘reasonable care’ defence is unlikely to be available to the highway authority.

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Holiday claim – rape

A holiday maker was raped by an employee in an Indian hotel, so she sued the tour operator that had organised the package holiday.

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Horse – rare victory

There are relatively few examples of successfully establishing negligence following a horse accident. Such cases are notoriously difficult to win, with the risk of injury being viewed by many as inherent in riding.

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Dependency – valuing loss of services

A dependency claim under Fatal Accidents Act 1976 is based on a valuation of the loss of services that would otherwise have been provided by the deceased. Thus, it does not cover all losses that might flow from the death.

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Page 5 of 45

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IHT – personal representatives’ liability
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The government has announced that it will reduce court staffing numbers from 16,500 to 10,000 by 2022. Read more...
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Assured shortholds – requirements
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A summary of the requirements for new lets of residential properties: Read more...
Rent reviews – which index?
Thursday, 14 June 2018
Rent under a lease may well be indexed – in which case, it is likely to be by reference to the retail price index (RPI). Read more...
Japanese knotweed – the cases
Thursday, 14 June 2018
Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
Thursday, 14 June 2018
H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
Thursday, 14 June 2018
Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
Thursday, 14 June 2018
In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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