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Personal injury

Costs – captured client

Suppose a claimant is involved in an RTA, and then enters into a CFA with a solicitor, who then notifies the claim to the online claims portal.

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‘Fundamental dishonesty’ – update

The test for ‘fundamental dishonesty’ in PI claims was set out in LOCOG [2018], where the claimant manufactured false invoices to support a claim:

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Interim payment – defending

What evidence should a defendant produce when opposing an interim payment application?

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Damages – lost years

A ‘lost years’ claim is for the loss of earnings in the years when the claimant will be dead (but would have been alive but for the defendant’s actions).

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CMCs – new regulator

In early 2019 the Financial Conduct Authority (FCA) will take over the regulation of claims management companies (who currently come under the jurisdiction of the Claims Management Regulator).
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Success fee – overcharging?

Claimant PI lawyers have been hit from every direction: apart from the Civil Liability Bill, there are challenges to 2013 transfers of CFAs, and conversion of LA certificates into CFAs. 
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CFA – ‘informed consent’

We noted in the March/April 2018 issue (p31) the importance of obtaining the client’s ‘fully informed consent’ when assigning a CFA from one firm to another. 
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Claimants – Civil Liability Bill

The Civil Liability Bill is intended to introduce the whiplash ‘reforms’, as well as changes to the calculation of the discount rate. 
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Holiday sickness – fixed costs!

The number of ‘holiday sickness’ claims by UK nationals while holidaying abroad has increased dramatically in the last few years. 
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Japanese knotweed is virtually irremovable; only the strongest chemicals will work against it, and simply digging out the roots is not sufficient. Read more...
Financial orders – future earning capacity
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H’s future earning capacity was not a matrimonial asset for the purposes of a financial settlement, the Court of Appeal has ruled. Read more...
Notice – start date?
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Suppose an employee is sent a letter of dismissal by post. The letter is delivered, but the employee is on holiday and says she did not read it until a later date. Read more...
Sentencing – hospital orders; hybrid orders
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In this article, the author (who represented the appellant) considers the making of hospital orders in criminal proceedings, and the use of hybrid orders, following a Court of Appeal ruling. Read more...

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