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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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Steven Conway explains the recent decision in Katie Cruz v Chief Constable of Lancashire [2016] and why it hopefully signals the dawn of a new age for workplace claims ‘The Court of Appeal rejected the argument that every time a cell door is left open it creates a material risk of injury, stating that the …
Continue reading "Workplace Regulations: Closing the door on strict liability: a new ERRA of realism"
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Asbestosis; asbestos exposure; liability; actionable damage ‘The Master of the Rolls pointed out that there was an inherent contradiction in the University’s case between accepting it had made a 2.3% contribution to a cumulative disease which causes an individual to be worse off and then seeking to argue that this contribution had made no difference.’ …
Continue reading "Case Report: Carder v The University of Exeter [2016] EWCA Civ 790"
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Selena Plowden discusses the legal frameworks and likely objections to the release of documents by an NHS trust ‘In the context of a request for documents in contemplation of litigation, claimant lawyers must consider whether it is right that these documents should be withheld and the legal basis for any such claim.’ This article addresses …
Continue reading "Serious Incident Investigations: Full disclosure of NHS records"
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