29/11/23
As we have reported before , a new regime for Fixed recoverable Costs came into effect on the 1 October 2023. The general rule is that it applies to cases worth up to £100 000 issued on or after that date. But for personal injury claims it will apply to causes of action arising on or after the…
17/11/23
The High Court handed down a remote judgement in the case of Karpasitis v Hertfordshire County Council last month. On the 22nd April 2020, Mr Karpastis was riding a route well known to him on a footpath at the side of the A10 near Chestnut. The path and the A10 were separated by a grass verge. As…
02/11/23
Our Personal Injury team recently attended the Personal Injury Autumn Update at The Globe Centre in Accrington. This was an extremely informative event where the team learnt about recent updates in Personal Injury Law. Of particular interest where the RTA cases described below, where the claimants…
02/11/23
Recent headlines have suggested some may not be. XL bully's have hit the headlines in recent times with a ban about to be imposed on the ownership of these dogs. Many argue that a breed specific ban is not the solution. Owners will have to register their dogs. Arrange for them to be neutered,…
10/10/23
The debate on introducing legislation for the mandatory use of cycle helmets continues. According to the latest statistics from the DfT, there were 16,294 reported road traffic accidents involving pedal cyclists in 2020. Pedal cyclist casualties in 2020 stood at 12,472, with 141 fatalities, 4,…
10/10/23
Many of us will be familiar with the content of the Pre-Action Protocol for Personal Injury and in particular Annex C which sets out the standard disclosure lists that a Defendant must consider when formulating a response to a new claim under the pre-action protocol. Currently the protocol sets out…
10/10/23
A waste management firm has been fined a total of £3 million following the deaths of two workers in separate incidents. Michael Atkin and Mark Wheatley died following incidents in 2019 and 2020 respectively. The Health and Safety Executive (HSE) investigated both incidents and…
06/10/23
From 1 October 2023, fixed recoverable costs (FRC) have been updated and extended across the fast track and in a new intermediate track for cases with values of up to £100,000 damages by way of implementation of The Civil Procedure (Amendment No 2 Rules). The new intermediate track has been…
08/09/23
On the 1st October 2023 the new fixed costs rules will come into force. These rules extend the current fixed costs recoverable in successful claims, to include all personal injury cases up to a value of £100,000. The Law Society Gazette reports this week, that solicitors will be looking to their…
18/08/23
Plymouth City Council has been fined £200,000 after its failures led to employees developing hand arm vibration syndrome (HAVS) and carpal tunnel syndrome (CTS). During 2017 - 2019, two council employees developed HAVS and a further four were diagnosed with CTS as a result of prolonged and…
18/08/23
On the 6 July 2023 the HSE published the work related fatality figures. They report that one hundred and thirty-five workers were killed in work-related incidents in Great Britain in the last year. The industries with the highest deaths were construction (45), agriculture, forestry, and fishing (…
18/08/23
Many personal injury claims are dealt with under a fixed costs regime, with many more due to be brought into an extended fixed recoverable costs regime from the 1 October 2023. This limits the ability for defendants to challenge claimants' costs. That said there are still opportunities to make…
18/08/23
Health and Safety enforcement regrettably tends to follow tragic or serious incidents. In this tragic case, a prosecution was brought by Leeds City Council following the tragic death of a three year old who drowned when he was visiting the David Lloyds Leisure Club with his father and sister in…
26/06/23
Mark Pawsey, a Tory MP for Rugby and Bulkington has recently introduced the Road Safety (Cycle Helmets) Bill 2022-23 in the House of Commons, which will require a person riding a bicycle on the public highway to wear a safety helmet. Pawsey talked of his constituent Oliver Dibsdale, who at aged 15…
09/06/23
In January this year we reported on the Court of Appeal's decision to allow Claimants in RTA claims to be compensated separately for whiplash and other injuries. This week the Supreme Court have granted permission to the ABI to challenge that decision. This is a welcome decision for motor…
02/06/23
On Wednesday 17 May 2023, the Court of Appeal handed down its judgement in AB v Worcestershire County Council and Birmingham City Council dismissing the Claimants appeal and upholding the deputy High Court Judge Obi's decision to give summary judgment to both defendants. Fact of the Case…
02/06/23
Well, it took slightly more than the 6 months committed to but the Government have now responded to the final report of the Independent Inquiry into Child Sexual Abuse. The responses still lack detail and clarity with regards to the specific changes and actions, particularly with regards to the issues…
28/03/23
If you have suffered an injury as a result of negligence or an accident and that injury has resulted in you requiring care and assistance for some period of time, the cost of this care can form part of a claim for compensation. This can also include any long-term future care that may be required.…
10/03/23
The Management of Health and Safety at Work Regulations oblige all employers to carry out a risk assessment of the tasks their employees undertake, and take appropriate steps to reduce the risk of injury to the lowest level reasonably practicable. The lack of a risk assessment is not enough to…
16/02/23
On the 30th May 2021 the Government introduced a new Tariff for whiplash claims. The House of Commons have just announced a review. The principle behind the Tariff scheme was to restrict the apparent explosion of whiplash claims and reduce insurance premiums. At the same time the small claims limit…
18/01/23
Newcastle City Council have recently been fined £280,000 due to the tragic death of a six-year-old girl, who sadly died at school after being struck by a falling tree. The fatality is a stark reminder of the necessity for Councils to prioritise the safe management of trees on school land.…
