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Personal injury

ATE insurer – in liquidation

LAMP Insurance is a leading ATE insurer for personal injury and negligence claims. It has gone into liquidation. A note on its website states that the company’s insurance policies that have not expired remain in force. However, as the company is insolvent it is unable to make any claim payments. Policyholders are advised to immediately consider acquiring alternative insurance protection. Where policyholders have bought policies from the company through an insurance broker, solicitor or other intermediary, they should consult that person to seek advice as to what options are open to them.

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Fixed recoverable costs – payable if £25k limit exceeded

Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in advance (by reference to grids of costs). FRC give both parties certainty as to the maximum amount they may have to pay if unsuccessful and can ensure that the costs of cases are proportionate to the sum in issue. FRC currently operate in most low-value personal injury cases.

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Psychiatric harm – clarified

The HC has given some welcome clarification in relation to claims involving psychiatric harm. Improvements in clinical understanding of psychiatric harm have resulted in an ever-increasing number of claims for psychiatric harm.

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CFAs – no automatic 100% success fee

In RTA claims, may firms routinely set a 100% success fee and claim the maximum limit of 25% of total damages.

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Interim costs order – when to exercise

The Gazette reports on an interesting County Court case where an interim costs order has been granted to solicitors where the full value of the claim will not be quantified until 2022.
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Vicarious liability – developments

We reported in our February 2019 edition (p16) on three recent cases involving vicarious liability in an employment context.
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Loss resulting from breach of duty – reaffirmed

The SC has recently given a judgment on solicitor’s professional negligence. The case involved a retired miner. 
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Travel sickness – proving the claim

An interesting statistic: in recent years travel sickness claims have increased by 500% despite reports of sickness in resorts having stayed stable or even decreased.
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Part 36 offers – appropriate

Part 36 of the CPR allows a claimant or defendant to make an offer of settlement before trial. If the offer is not accepted and the opposing party does not meet the offer at trial, the court may impose severe costs and/or interest penalties. 
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Children – schools’ duty?

A school student had put on her PE kit, and was running to the hockey field. On the way she deviated from the path, and slipped on some mud. She fell, and hurt her elbow.
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Power of attorney – validity
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The powers of attorney in a recent case were granted in the context of a share sale, but private client practitioners will benefit from the clarity given by the court on the validity and execution of... Read more...
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We have reported above that LeO has issued updated costs guidance. Costs complaints often involve disputes above whether VAT was included in the price. The updated guidance states that VAT is often... Read more...
Firm reprimanded – poor language
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It is interesting to note that the High Court has refused to transfer a multibillion-pound class action from Liverpool to London. The action involves some 200,000 claimants who are suing a mining... Read more...
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Fixed recoverable costs (FRC) prescribe the amount of damages that can be claimed back from a losing party in civil litigation; they are a way of controlling the legal costs by giving certainty in... Read more...
Section 21 notice – amended form introduced
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Under Housing Act 1988 an s21 notice gives L an automatic right of possession without having to give any grounds once the fixed term has expired. The notice cannot be used to gain possession during... Read more...
RV – can demand be assumed?
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To calculate the rateable value (RV) of a property, a valuation officer (VO) must work out what the open market rent would be for the property by applying the rating hypothesis. The purpose is to... Read more...
Proprietary estoppel – successful claim
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Proprietary estoppel is a remedy which prevents the legal owner of a property from asserting their strict legal right in relation to that property when it would be unconscionable to allow him to do... Read more...
Children – care plans
Wednesday, 12 June 2019
What is the court’s approach where there is an impasse with the LA regarding an important element in a care plan? In this case, the CA found that the trial judge’s invitation to the LA to... Read more...
ET fees – £16m still owing
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In 2017 the SC ruled that ET fees, introduced by the government in 2013, were unlawful. This was on the basis that they were a barrier to access to the ET, particularly for employees on low incomes. Read more...

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