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Personal injury

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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Credit hire – no liability to pay?

A credit hire contract will say that the hirer must pay the credit hire charges. It will also say that those charges can be deferred while they are recovered from the negligent third party. 
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Travel sickness – obstacles

There are many obstacles to bringing a travel sickness claim. Indeed, such claims have been actively discouraged by the CA judgment in Wood [2017]:
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QOCS – counterclaim

Can a defendant bring a PI counterclaim, and then claim the benefit of QOCS (qualified one-way costs shifting)?
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Negligence – hospital receptionist

The Supreme Court has given an important decision in finding that a hospital receptionist was negligent because she gave a misleading waiting time.

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Most-read articles

Probate fees – increase
Tuesday, 09 April 2019
The much-criticised increase in probate fees comes into effect in April 2019 and apply whether or not a solicitor is involved.  Read more...
SRA – Standards and Regulations introduced November 2019
Tuesday, 09 April 2019
We reported in our February 2019 edition (p32) and March 2019 edition (p33) that the SRA is phasing in its introduction of the new ’Standards and Regulations’ which will replace the 2011... Read more...
LiP – keep informed?
Tuesday, 09 April 2019
We do not usually report on changes which are not yet in force. However, litigators have been warned to expect changes to the processes relating to litigants in person which might come into effect on... Read more...
Interim costs order – when to exercise
Tuesday, 09 April 2019
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. Read more...
Defective Premises Act – L liable
Tuesday, 09 April 2019
The CA has held that a social L was liable to a T for injury caused due to a faulty drain cover. Read more...
Service charges – recovery of more than 100%?
Tuesday, 09 April 2019
We reported in our February 2019 edition (p24) that the RICS Code of Practice Service Charges in Commercial Property (1st edition) comes into force on 1 April 2019. Read more...
Allotments – protection
Tuesday, 09 April 2019
With the increasing pressure to build new homes, there is a possibility that areas designated for allotments might be under threat of development. Read more...
Children – standard of proof
Tuesday, 09 April 2019
The Court of Appeal refused F’s appeal against the judge’s findings in care proceedings under Part IV CA 1989 that he had sexually abused his daughter (Y). Read more...
NDA – ignoring!
Tuesday, 09 April 2019
Recently, some employees have spoken publicly about sexual harassment in breach of NDA confidentiality obligations.  Read more...
Offences – assault; emergency workers
Tuesday, 09 April 2019
The Assaults on Emergency Workers (Offences) Act 2018 follows the increasing number of assaults on emergency workers in the UK.  Read more...

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