2019
Portal data for November 2019 and Civil Justice data continue downward trend. Election landslide for the Conservatives means the question is "when" not "if" for the whiplash reforms
The Claims Portal data for November 2019 has now been released, along with the Civil Justice data for July – September 2019. The portal data continues the general trend of claim numbers dropping…
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NIHL Claims: Court of Appeal guidance on adverse inferences from absence of noise surveys
The Court of Appeal has recently provided a unanimous decision on whether adverse inferences can be drawn in historic NIHL claims against a defendant in the absence of documents. Jess Wong considers…
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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Future loss of earnings: Court of Appeal rules on appropriateness of Blamire award
Tonya Baxter reviews the Court of Appeal decision in Irani v Duchon (2019) providing a useful reminder of the issues that the court will take into account when considering claims for future loss of…
Read moreMotor liability: extent of driver's duty to drunk passenger examined
Catherine Kober, Director together with Katie Lacey of DWF's London Office and Marcus Dignum of 12 Kings Bench Walk Chambers acted for the defendant and his motor insurers Markerstudy in a case that…
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Scotland Focus
Our monthly round-up of developments dominating the legal landscape in Scotland.
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Construction risks - The problem with Tunnelling
Concrete has an inherent and natural tendency to crack. When it is poured it undergoes a thermal dehydration process as it cures, which results in the inevitable cracking of concrete. Now, cracking…
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QOCS and fundamental dishonesty: the implications of withholding disclosure in a credit hire claim
DWF and QBE have successfully obtained a finding of fundamental dishonesty against a claimant for failing to provide full financial disclosure in a credit hire claim, resulting in the claimant losing…
Read moreReview of latest portal data, reforms & new Judicial College Guidelines
The Claims Portal data for October 2019 has now been released, with increases in RTA and EL new claims when taken against the prior month. Taken longer term however, the decline in numbers continues,…
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Costs: Court of Appeal quashes latest attempt to escape fixed costs
Simon Fisher considers the outcome of the latest attempt by claimants to escape the fixed costs regime in Ho v Adelekun (2019)
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