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Personal injury

‘Fundamental dishonesty’ – rigid application

 A defendant who is ‘fundamentally dishonest’ about part of their insurance claim forfeits the entire claim.

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Success fee – discovery of file?

The 2013 Jackson reforms authorised the deduction of costs, up to a maximum of 25% of the damages recovered. As is well known, it is now being argued that many of those (maximum) 25% deductions were excessive – with a flurry of professional negligence claims being made.

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Occupier’s liability – car park

The claimant slipped on ice in an unmanned car park owned and operated by the LA. Such car parks were not gritted, with the LA operating a ‘reactive’ system (ie reacting to reports from members of the public).

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Manual handling – ‘real risk’?

The CA has confirmed the importance of applying the ‘initial threshold’ test in manual handling claims.

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Withdrawing admissions – increase in value?

Suppose a defendant is faced with a low-value claim and decides to admit liability; later, it turns out that there is a significant increase in the value of the claim. At that stage, can the defendant withdraw the earlier admission?

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Fatal accidents – bereavement damages

The CA has highlighted the need for change to Fatal Accidents Act 1976 insofar as it deals with the position of cohabitees. There are two points:

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Discount rate – change

We all know that the discount rate will be changed (to make it less generous). What has not been announced is when that change will come into effect – although there will be at least nine months’ warning. Having said that, it is likely that the new rate will immediately be taken into account by the courts as soon as it is announced.

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TUPE – tort liability?

When TUPE applies, is the ‘new’ employer liable for breaches of duty by the ‘old’ employer?

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MIB – ‘state emanation’

There has been an important ECJ decision holding that the MIB (in Ireland) is a ‘state emanation’. Previously, it had been held that the MIB was not an emanation of the state and thus not vicariously liable for the government’s failure to ensure the MIB complied with the European Motor Insurance Directives (which require states to set up bodies to compensate uninsured motorists).

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Judicial College – guidelines

OUP has now published the 14th edition of Guidelines for the Assessment of General Damages in Personal Injury Cases.

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Adoption – new regulations
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