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Case review 16/10/2018
A recent MOJ Portal case has confirmed that where a claimant fails to attach documents at the issue of Stage 3 proceedings in the portal process the claim should be dismissed. On dismissal the damages and costs paid at Stage 1 and 2 are to be repaid.
As AI gains more applications, the insurance industry knows it needs to keep pace in order to address the risks associated with its rise. AI goes across every aspect of insurance, but here we concentrate on the three sectors we consider it has particular impact.
A summary of the main driving offences and penalties under The UK Road Traffic Act 1988.
Case review 01/10/2018
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 28/09/2018
This Scottish road traffic accident claim is a victory for defenders. In this case, the court maintained a strong line on the defenders’ statutory protection under the Prescription and Limitation (Scotland) Act 1973, strictly applying the three-year personal injury limitation period.
A new era of transport continues to unfold at pace. The technology innovation that promises to deliver a new future is running in tandem with the reality of a number of business impacts, including changing consumer demands and commercial pressures. All will bring challenge and opportunity.
Case review 20/08/2018
Hislop provides a welcome clarification to costs following late acceptance of Part 36 offers in low value claims. It confirms that fixed costs will apply but for exceptional circumstances. This is certainly good news but what does it mean in practice?
To set aside or to not set aside? Responding to a claimant’s discontinuances as part of a fraud strategy
A claimant is entitled to discontinue court proceedings at any point. That is their prerogative. However, when they do, the rules provide the presumption that a claimant who does is liable for the defendant’s costs up to the date of the discontinuance.
A round up of recent court decisions raising issues relating to exaggerated claims, permission for care practitioners evidence, Part 36 fixed costs, and equitable liens.
The Claims Portal was established in 2010, dealing only with claims in road traffic accidents (RTA) valued up to £10,000. Now in its eighth year, the Portal has been extended both vertically and horizontally – covering low value personal injury RTA, employers’ liability and public liability claims up to £25,000.