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.
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).
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?
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.
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).
Court of Protection – trust deputies Friday, 13 April 2018 How does the CoP approach an application to appoint a trust corporation as a deputy? HHJ Hilder has, in a recent CoP ruling involving 36 applicants and 11 trust corporations, analysed the law on the... Read more...
Professional – update Friday, 13 April 2018 A reminder that internal e-mails can result in SRA action; for a case involving sexist, racist and homophobic e-mails sent to a work colleague see [2018] LSG 12 February 2. Read more...
CFA – assignment Friday, 13 April 2018 The introduction of LASPO in April 2013 caused problems for clients who already had CFAs, but then wanted to move to another firm. Read more...
Agent of change – new builds? Friday, 13 April 2018 The ‘agent of change’ principle has been hotly debated in planning circles for some time. Indeed, the concept is likely to feature in the revised National Planning Policy Framework and the draft... Read more...
Withdrawing admissions – increase in value? Friday, 13 April 2018 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... Read more...
Service charges – estoppel? Friday, 13 April 2018 Suppose service charges have been raised for many years in a way that does not properly accord with the wording of the lease; if T subsequently questions those service charges, can L argue that... Read more...
Service charges – code of practice Friday, 13 April 2018 The RICS has published the proposed changes to its Code of Practice on service charges. The important change is that RICS members must act in accordance with eight core principles; the Code is no... Read more...
Japanese knotweed – nuisance Friday, 13 April 2018 One of the (potentially) most important decisions last year was a humble county court case in which it was held Network Rail was liable after Japanese knotweed grew close to neighbouring terraced... Read more...
Adoption – new regulations Friday, 13 April 2018 A number of new provisions in relation to adoption are in force (as of 5 January 2018) under the Adoption and Care Planning (Miscellaneous Amendments) Regulations 2018. Read more...
Sickness – on holiday Friday, 13 April 2018 A worker who falls ill during annual leave is entitled to take that holiday leave at a later date. This is so whether the sickness commenced before, or during, the holiday. Read more...