Motor
Failure to provide litigation services in run up to introduction of LASPO leads to claimant recovering no costs
An attempt to sign a Claimant to a CCFA that provided for a success fee in the days ahead of the implementation of LASPO failed and as a result the Claimant was unable to recover any costs. Following…
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Government step away from a ban but increase the SCT limit for RTA and EL/PL
Yesterday the government produced its response to the consultation on reforming soft tissue injury claims arising out of road traffic accidents and the proposed increase in the SCT limit to £5,000. In…
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Fixed costs - more from the Court of Appeal on their use in pre-action disclosure applications as well as a forthcoming change to the rules around operation of the regime
Pre-action disclosure applications are commonplace in EL and PL claims, but for some time parties have disputed whether fixed recoverable costs ("FRC") or hourly rate costs should be recoverable in…
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Pedestrians: contributory negligence and causative potency
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…
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Soft tissue injury and SCT reform package
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,…
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Department for Transport publishes Vnuk consultation on options for amending domestic insurance law
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…
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Cost of Insurance Working Group produce their emerging recommendations
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…
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Discount rate: judgment day?
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,…
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The application and limit of the fixed recoverable costs regime
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…
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