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The Consumer Rights Act 2015 has updated the law for consumer protection, and liability in personal injury claims. Justin Valentine reports ‘The Consumer Rights Act 2015 treats consumer notices, an announcement or other communication intended to be read by a consumer (for example on a website), as broadly equivalent to terms.’ The Consumer Rights Act …
Continue reading "Consumer Protection Legislation: Fit for purpose"
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Clive Thomas explains how success fees and ATE premiums are calculated ‘CPR 21.12 (7) provides that the amount deducted for the success fee and the ATE premium shall not exceed 25% of the agreed damages for PSLA and past pecuniary loss net of any CRU deductions. This has led to a situation where the courts …
Continue reading "Infant Approvals: Young at court"
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Nick Leech and Andrew Sands consider ‘the Brexit Effect’ on compensation schemes ‘MIB cases per se and pre 2004 Lloyds Syndicate cases can be considered reasonably secure on account of the Thacker decision. However, that is now open to question in the light of Brexit.’ Brexit is taking the blame for much that is negative …
Continue reading "Periodical Payment Orders: A lack of security"
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Paul Jones discusses the contentious world of CFA assignment ‘The assignment was valid in this case and, therefore, costs were payable by the defendant for the work done by each of the claimant’s solicitors.’Assignment of conditional fee agreements (CFAs) continues to be a thorny topic in the costs world. With the changes in the personal …
Continue reading "Costs: Sharp turns"
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James Laughland highlights the case of Dr Brian May & Anita May v Wavell Group Plc & Dr Bizarri ‘Much more thought must now be given at the costs management stage to considering what would be the proportionate costs to incur.’ In Dr Brian May & Anita May v Wavell Group Plc & Dr Bizarri …
Continue reading "Proportionality: Under Pressure; the new test begins to bite"
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Road traffic accident; foreseeability; breach of duty; Highway Code ‘The issue for the Court of Appeal was whether the recorder was wrong to find the claimant wholly to blame for the accident.’Valley Road in Streatham is long and straight, largely residential in character albeit with some commercial premises on it, and it bears a speed …
Continue reading "Case Report: Scott v Gavigan [2016] EWCA Civ 544"
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Julian Matthews explores a defendant’s liability when there are multiple causes of a given loss ‘While this basis of approach makes clear logical sense, and appears to be wholly in line with the approach of the Court of Appeal, there are significant concerns that the practical working of the approach will result in significant injustice.’ …
Continue reading "Negligence: Causation of loss"
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In part two of his article, Robert Weir QC continues his compilation of the most significant cases involving liability decisions from the last year ‘The judge properly recognised that the burden of proof lay with the claimant and did not draw inference of negligence from the fact that the extrusion had been retained.’ Part …
Continue reading "Liability: A catalogue of errors"
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Independent occupational therapist Laura Slader outlines the role occupational therapy plays in brain injury litigation ‘During a litigation case medical experts are brought in to predict loss of earnings and what support, care and equipment will be required in the long term.’Ask most people what an occupational therapist is and they will probably answer, ‘someone …
Continue reading "Brain Injury: Occupational therapy and the litigation process"
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Matthew White weighs up the ‘but for’ test and material contribution in cumulative cause cases ‘The “material contribution” approach applies just as much to multiple factor cases as to single agency cases.’ An article in this publication in 2013 (‘Breach of duty and causation, where are we now?’ by Christopher Sharp QC and Matthew White, …
Continue reading "Causation: The sum of the parts"
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