Pedestrians: contributory negligence and causative potency

24 Feb 2017

A finding contributory negligence of one third has been made against a brain injured pedestrian who failed to use a nearby pedestrian crossing. The defendant had been negligent in failing to keep an…

Soft tissue injury and SCT reform package

12 Jan 2017

The timing may have been co-incidental but shortly after the deadline for responses to the government’s consultation “Reforming the Soft Tissue Injury (‘whiplash’) Claims Process” closed last Friday,…

Department for Transport publishes Vnuk consultation on options for amending domestic insurance law

21 Dec 2016

Until yesterday the most recent development in the Vnuk saga was the publication in June of the European Commission “Roadmap” which made suggestions for the possible adaptation of Motor Insurance…

Cost of Insurance Working Group produce their emerging recommendations

09 Dec 2016

Having been formed in July this year to look at the spiralling cost of motor insurance in Ireland, the Cost of Insurance Working Group published their emerging recommendations on 21 November. The…

Discount rate: judgment day?

08 Dec 2016

Yesterday morning the Lord Chancellor Liz Truss announced by way of a statement to the London Stock Exchange that she was “undertaking to review the discount rate for personal injury damages awards,…

Nice try

30 Nov 2016

Two claimants who made personal injury claims after a low speed road traffic collision near the Houses of Parliament had their claims dismissed and were found to be fundamentally dishonest. The…

The application and limit of the fixed recoverable costs regime

17 Nov 2016

In recent days, the Court of Appeal has given two judgments that concern the operation of the fixed recoverable costs (“FRC”) regime that are significant in their own right and of importance to…

Changes to the MedCo qualifying criteria to halt the gaming

26 Oct 2016

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…

Con-text

26 Sep 2016

A Claimant who saw her claim for personal injury and other losses struck out, also lost the protection afforded to her under QOCS on the basis that her conduct had obstructed the just disposal of…

Supreme Court clarifies applicable law for accidents abroad involving uninsured drivers

22 Sep 2016

Unfortunately, road traffic accidents whilst abroad on holiday or on business are an all too common occurrence. Even more problematic are claims caused by untraced or uninsured drivers.