The Practical Lawyer

Personal injury

Claims management – referrals

A summary of the clear duties on solicitors under the Claims Management Regs. These duties apply to any solicitor who receives work from a claims management company:

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Employee – RTA

What happens when an employee is injured in a road accident in the course of his duties; is it the employer’s liability insurer, or the RTA insurer, that picks up the bill?

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Ogden – disability

The courts are still working out how to deal with future loss under the Ogden Tables (version 6), introduced last year. As we noted in our May issue (p26) the importance of the 2007 changes was that they saw a move away from tables based on simple mortality.

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Limitation – unusual

A reminder of some non-standard limitation periods:

  • Accidents at sea: two years.
  • Accidents in the air (eg on a plane, hot air balloon): two years.
  • Criminal Injuries compensation: two years.
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CFAs – pre-proceedings notification

The CPR makes it clear that a success fee is only recoverable if the litigant ‘provides information about the funding arrangement to the court and to other parties’.

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MIB – minors

If a minor is injured by a hit-and-run driver, what is the limitation period?

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Fatals – payments received

What if the spouse of a deceased receives payments from the defendant or a third party shortly after the death; are those payments to be deducted when assessing damages under FAA 1976?

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Road traffic – diminution claims

In most cases when a car is damaged, the measure of loss is simply the cost of repairing it. But, in some instances it can be argued that even a perfect repair will not restore the vehicle to its previous value (eg a classic or rare vehicle, such as a Ferrari, may well be worth less if it has sustained accident damage; even an ordinary vehicle may be less marketable).

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Bankruptcy – effect

The significance of a PI claimant going bankrupt is often not appreciated.

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Work equipment – secondary legislation

The Use of Work Equipment Regs 1998 form an important part of the health and safety regulatory framework. But to what extent do they impose statutory duties on non-employers to workers who are injured whilst on their premises?

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