Indexation - counting the cost
Partner Adrian Dagnall comments on the recent high profile case of Thompstone -V- Tameside.
Insurance online: Issue Five - CPR Egg-stravaganza
The 44th update to the CPR brings a number of changes. All but one come into force on Good Friday, giving litigants and their lawyers a chance to digest them (along with their chocolate) over the Easter break.
Insurance online: Issue Five - The end of the payment into court?
From 6 April 2007, Defendants will no longer be required to pay money into Court post-proceedings in order to enjoy the costs protection given by Part 36.
Insurance online: Issue Five -
To admit or not to admit - re-visited...again!
In a recent article, Claire Jones looked at
pre-action admissions in the light of
Sowerby v Charlton (2005).
The 44th update to the Civil Procedure Rules, which comes
into force on 6 April 2007, formalises the law governing
admissions in the changes that it makes to Part 14.
Insurance online: Issue Five -
The benefit of hindsight
“Hindsight is always 20/20” - so said US film
director Billy Wilder. It can be too easy to assume that
something which may be apparent - even obvious - today
should have been appreciated at an earlier point in time.
Insurance online update:
Indexation: RIP to RPI?
On Thursday 23 November a
court ordered that the indexation of future periodical
payments (PPs) for care should be linked to an earnings
related index rather than RPI.
Insurance online: Issue Four -
GP records - Tread with care!
Insurance online: Issue Four - Apportioning quantum in mesothelioma claims
The House of Lords have (by a majority) changed the way in which quantum is apportioned between defendants in mesothelioma cases. Adrian Neale reports on Barker v Corus Plc (3 May 2006).
The law on causation has been stretched considerably in recent disease claims. Now an attempt has been made to transfer the concept of 'material contribution to risk' over to accident claims.Paul Taverner assesses the Court of Appeal’s response.
Insurance online Issue Three - RTA decisions - a distinct lack of appeal
In June 2005 we reviewed the decision of Judge Jack in the complex multi-vehicle accident case of Bland v Morris. Adrian Neale analyses the appeal, in which the Court of Appeal gave strong pointers on the limited value of using previous RTA cases as precedents- and on the prospects of successfully appealing decisions that are based on a Judge’s findings of fact.
To illustrate that the law never stands still, Claire Jones’ article in the last edition on admissions of liability has been overtaken by the Court of Appeal decision. Claire now provides a much needed update.
Insurance online Issue Two - Vicarious liability - seeing double
In recent editions of Insurance Online we have highlighted the seemingly relentless expansion of the principle of vicarious liability. By Julie Chappell.
Although pedestrians and motorists owe each other a reciprocal duty of care, the approach taken by the Courts in running down accidents in recent years has usually led to the motorist bearing the majority of responsibility, writes Paul Taverner
The concept of claimants being compensated for psychiatric injury is well established. But what happens when a claimant's psychiatric illness causes them to do something that makes their condition worse? Paul Taverner looks at two recent cases.
Adrian Neale reviews medical advances in hip replacements which might help to reduce associated future loss claims.
Claire Jones looks at the developments in the Government's road safety policy, proposed new legislation, and a case where contributory negligence was attached to an 11 year old pedestrian.
Insurance Online (Motor Supplement) - June 2005
Insurance Online - March 2005
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legal issue has its own unique
characteristics, we always advise you to
check with us before taking action.
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