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Case review 04/04/2019
The court have disappointingly confirmed that medical agency fees can be recoverable in public liability cases. This is despite the rules being silent on this point, and the clear attempts by some claimant solicitors to use disbursements as a way to improve their profits and game the system.
The then-Lord Chancellor’s announcement on 27 February 2017, to reduce the discount rate from 2.5% to minus 0.75%, surprised those representing both claimants and defendants and has led to overcompensation in many cases. Fortunately, the Civil Liability Act 2018, which reforms how the discount rate is set, received Royal Assent on 20 December 2018, and should restore fairer compensation levels.
We are pleased to confirm that we have become the first international law firm to establish a presence in each of the Dominican Republic, Guatemala and Panama as we continue to increase our global footprint through three new Associations.
In our report in September 2017 we examined the steep increase in the use of prescription and non-prescription opioids in the United States and Canada, and fears that Europe may face a similar epidemic. We now take a closer look at the extent of opioid use in the UK, the steps being taken to address this, and the potential impact on insurers.
The government needs to do much more to bring stakeholders together if it is to successfully implement autonomous vehicles (AVs) in the UK, we have told the Law Commission’s consultation on the introduction of AVs in the UK.
Late on 18 December 2018 the Scottish Parliament passed stage 1 of the Damages (Investment Returns and Periodical Payments) (Scotland) Bill (the Bill) in Holyrood.
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.
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.
Case review 26/10/2018
EC claim dismissed for failing to attend medical examination under Section 16 ECO