June
Articles matching "personal injury"
Costs: Claimant bound by settlement terms reached at stage 2 of the MoJ portal
Richard Welsh, Senior Associate in DWF's Leeds office acted for Ageas Insurance Limited in relation to a matter proceeding under the MOJ portal for low value personal injury claims, in which Ageas…
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Tort of deceit claim succeeds against business partners who denied knowing each other
Two business partners who claimed to have been involved in a road accident in order to claim thousands of pounds from QBE have been ordered to pay back all the sums paid and the cost of investigating…
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Fundamental dishonesty goes beyond claims in the fast track
Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at the judgment in one such case,…
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Ambushed! Late disclosure of surveillance evidence
In a defendant's application for permission to rely on surveillance evidence heard a month before trial, the court found that the claimant had not been ambushed and the defendant was allowed to rely…
Read moreOccupiers’ Liability: restaurant not liable for visitor's fall
James Lee reports on the successful defence of an occupiers' liability claim which involved a claimant falling at a restaurant. The case highlights the important 2016 Court of Appeal decision in…
Read moreClaimant who trips up over her own evidence in injury claim forced to pay insurer's costs
A claimant who had suggested that she had tripped over a hosepipe on a forecourt, causing her injury, saw her claim for damages dismissed after a Judge concluded he did not find her story in any way…
Read moreSurveillance footage: Good days and bad days
In a case where the extent to which the claimant had recovered from injury was in issue, the court concluded that a disparity between his appearance on surveillance footage and his presentation to…
Read morePublic Liability: defendant not liable for fall over banister in nightclub premises
Lawful visitors who have been expressly invited onto premises can become trespassers if they choose not to use the premises for the way in which they are invited to do so. Sheryl Bignell reports on…
Read moreClaimant cut from car sustained injuries that were inherently improbable
A Claimant, who suggested that she had been injured in a manner that was “inherently improbable”, saw her claim for personal injury dismissed, together with her claims for hire, recovery and storage.…
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Changes to the MedCo qualifying criteria to halt the gaming
In March, the MoJ announced that changes would be made to way that MedCo operates, following the MoJ’s Framework Review at the end of last year. Those proposals were intended to tackle the issues then…
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