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Case review 6 mar 2020
In this case, the claimant’s personal injury claim for damages in excess of £100,000 was dismissed as the judge did not believe the claimant’s version of events. Following further submissions a finding of fundamental dishonesty was made and the claimant was ordered to pay 75% of the first defendant’s costs despite the claimant establishing that they had breached their duty of care.
Case review 11 out 2019
Micromobility vehicles such as e-scooters and e-bikes are increasingly being used in our towns and cities. Indeed, it is now commonplace to see e-scooters in the morning rush hour, especially in large cities. However, recent serious incidents involving e-scooters have raised a number of concerns about the use of micromobility vehicles, generally.
Case review 9 out 2019
In this personal injury claim, pleaded in excess of £2 million, a successful strike out application for an abuse of process was upheld on appeal. The case highlights the risks awaiting any attempts to misuse the automatic stay offered under paragraph 16 of Practice Direction 8B of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.
Case review 5 jun 2019
In dismissing the submissions on behalf of the MIB, the Court of Appeal have determined that the MIB are to compensate the claimant despite the fact that the road traffic accident occurred on private land.
Article 4 jun 2019
Technological and medical advancements are progressing to produce improved methods to prevent and detect sports-related concussions (SRC), which in turn present additional obligations in risk management.
Case review 5 mar 2019
The much anticipated decision of the Supreme Court has now been handed down with Lord Sumption delivering the judgment, which was unanimously supported. The judgment is unequivocal in the determination of the issues before the court, but is this the end of matters?
Case review 1 out 2018
A recent case decided that it would have been disproportionate and unfair to allow a personal injury claimant to recover significant costs to appoint a deputy to administer a relatively modest award for damages.
Case review 30 jul 2018
It is not easy to win as a defendant, especially in the large loss arena. There is often the understandable sympathy for the claimant who, it is claimed, has suffered a life changing injury. We should therefore pause to take proper stock of three strong judgments in favour of defendants.
Article 30 jul 2018
As the inquests for the terrorist attacks in Westminster and London Bridge move through their preliminary stages motor insurers have acted to mutualise the risks.
Article 1 set 2017
Insurers have had to struggle through the complexity and uncertainty surrounding chronic pain cases for some considerable time.
