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Personal injury

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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Infant approvals – success fees and ATE

This is a checklist of the CPR provisions on the extent to which success fees and/or ATE premiums can be deducted from a child’s damages:

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Disclosure – NHS records

The Clinical Disputes Pre-Action Protocol specifically says that a request for medical records by the claimant will normally include a request ‘for any relevant guidelines, analysis, protocols or policies and any documents created in relation to an adverse incident, notifiable safety incident or complaint’.

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Costs – delayed disclosure

’Conduct’ can always be relevant when deciding on costs. Firstly there is the court’s overall discretion (44.2), and secondly it is one of the factors to specifically be taken into account when deciding costs (44.4). A recent case is of interest because a successful defendant ended up paying costs because of his delayed disclosure.

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Part 7 – fixed costs?

Suppose a low-value RTA claim exits the Protocol with a Part 7 claim which is allocated to the multi-track. Do fixed recoverable costs apply?

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