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Case review 03/12/2018
Two recent County Court decisions highlight the ongoing uncertainty as to the application of the qualified one way costs shifting regime as to whether it extends to an unsuccessful counterclaiming defendant.
The Civil Liability Bill passed the Lords without amendment on 20 November 2018 and will become law as soon as it is granted Royal Assent.
Seriously injured claimants often find themselves in a position where their current property is no longer suitable for their needs. More space is needed to facilitate extensive aids and equipment, or rooms for resident carers.
Case review 13/11/2018
The Court of Appeal confirmed that a successful defendant can enforce an order for costs out of sums payable to the claimant by way of an order for damages made against a different defendant.
Case review 08/11/2018
A recent decision of the All Scotland Personal Injury Court indicates that pursuers looking to abuse the rules of the compulsory pre-action protocol for personal injury, will be penalised severely.
On 24 October 2018, the Chief Minister of the States of Jersey lodged the Draft Law, which deals with damages in high value injury claims, following concerns about the discount rate and periodical payment orders arising from an ongoing abuse case.
Our team in Scotland comment on how changes to the way claims for personal injury are handled by the courts are set to significantly increase the bill for Scottish insurers and policyholders.
We are pleased to announce that we have increased our presence in the EMEA region through an association with Israeli firm Zelichov, Ben-Dan & Co, with whom we have been working for over ten years.
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.