Horizon Scanning

Court of Appeal

2017

Budana v Leeds Teaching Hospitals NHS Trust

The Court of Appeal will consider whether a conditional fee agreement (CFA) can be assigned from one law firm to another. Kingston Upon Hull County Court held that a CFA assigned from one of firm of solicitors to another was not valid on the basis that the agreement had been terminated as the assigning personal injury practice had closed before the assignment

Awaiting result of reserved judgment .

TBC

AB v Main

The defendant is appealing the decision that she was primarily negligent when her vehicle collided with an 8 year old boy who was playing at the side of the road when he stepped into the road suffering serious brain injuries. It was held that the Defendant who was travelling at 20mph should have kept the claimant under proper observation and reacted appropriately by taking her foot off the accelerator and covering her brakes.

October 2017

BNM v MGN Limited [2016] EWHC B13 (Costs)

It is hoped that the leapfrogged appeal will provide guidance on the application of the proportionality test.

No hearing date is listed yet, but it is expected that the case will be prioritised by the Court.

TBC

Brenda White v Nottinghamshire CC

The defendant highway authority was not liable for the claimant's fall caused by ice on a footway which had not been treated. The council defended the claim on the basis that it had complied with its Winter Service Operational Plan. The Claimant is appealing the decision to the Court of Appeal.

June 2017

(1) CN (A protected party suing by his litigation friend the Official Solicitor) (2) GN (A child suing by his litigation friend the Official Solicitor) v Poole Borough Council (2017)

A local authority appealed against a decision that it could owe a duty of care at common law to children residing in its geographical area to protect them from the risk of personal injury, as an exception to the general rule that a local authority exercising its statutory powers did not owe any additional common law duty. Judgment reserved.

Supreme Court

Feb 2017

Natasha Armes v Nottinghamshire CC

The claimant has been granted permission to appeal to the Supreme Court. This follows the Court of Appeal decision which rejected the Claimant's arguments that the Local Authority was vicariously liable for foster parents and that it owed a non-delegable duty of care to children in foster placements.

Waiting for a judgment.

Legislation

TBC

Civil Liability Bill

The Civil Liability Bill was introduced by the government following the 2017 general election. According to the governement the Bill will crack down on fraudulent whiplash claims and is expected to reduce motor insurance premiums by about £35 per year. The Bill will ban offers to settle claims without the support of medical evidence and introduce a new fixed tariff of compensation for whiplash injuries with a duration of up to 2 years.

2017 +

Courts Bill

The Bill will reform the courts system in England and Wales to ensure it is more efficient and accessible, and in doing so utilise more modern technology. The Bill will:

  • end direct cross examination of domestic violence victims by their alleged perpetrators in the family courts and allow more victims to participate in trials without having to meet their alleged assailant face-to-face
  • introduce digital services which will allow businesses to pursue their cases quickly, enabling them to recover debts more easily
  • provide a better working environment for judges, allowing more leadership positions in the judiciary to be offered on a fixed term basis, and enabling judges to be deployed more flexibly

2017 +

Financial Guidance and Claims Bill

The Bill will combine three financial advice bodies into one, ensuring that people across the UK are able to seek the help and advice they need to manage their finances. The Bill will:

  • establish a new statutory body, accountable to Parliament, with responsibility for coordinating the provision of debt advice, money guidance, and pension guidance
  • transfer the regulation of claims management services to the Financial Conduct Authority, and transfer complaints-handling responsibility to the Financial Ombudsman Service.

TBC

Data Protection Bill

In a statement of intent the Government has committed to updating and strengthening data protection laws through a new Data Protection Bill to reflect the GDPR (EU General Data Protection Regulation).

The draft Data Protection Bill itself is expected in early September.

Other Matters

Autumn 2016

Noise Induced Hearing Loss Claims (NIHL)

Working party considering NIHL claims was due to publish its final report this autumn.

2017

Shorter and Flexible trials pilot

A pilot of two schemes in the High Court until September 2017.

31 July 2017

Jackson LJ to review fixed recoverable costs

Lord Justice Jackson has been commissioned to undertake a review of fixed recoverable costs.The review will consider the types and areas of litigation in which such costs should be extended, and the value of claims to which such a regime should apply.

October

New Bill of Costs to be Compulsory

A new mandatory bill of costs will become compulsory from October 2017, it is hoped that the mandatory form will be fixed in May 2017.

August 2017

Discount Rate Consultation

The Consulation paper considers possibilities for how, when and by whom the discount rate should be set. A decision is expected in August.

Please contact us for more information relating to any of the matters listed above.

Insurance

05 Sep 2017

NEWS AND ARTICLES

Risk of Ice does not put Local Authority in Breach of Highways Act

The claimant alleged that she was walking along a road when she came across water emerging from a drain and…

Read the article

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