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.
BNM v MGN Limited  EWHC B13 (Costs)
It is hoped that the leapfrogged appeal will provide guidance on the application of the proportionality test.
Awaiting result of reserved judgment.
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.
(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.
Lowin v Portsmouth & Co  EWHC 2301 (QB)
The Court of Appeal will be asked to consider the relationship between CPR 47.15(5) (which caps the costs of a provisional assessment) and CPR 36.17(4) (costs consequences following judgment).
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.
Judgment has been handed down. Read our article: https://www.forbessolicitors.co.uk/news/display/39749/4/supreme-courts-holds-local-authority-liable-for-abuse-in-foster-care .
Barton v Wright Hassall LLP  EWCA Civ 177
The Supreme Court will be asked to consider whether a claimant's application under CPR 6.15(2) should have been granted where the claimant had failed to follow the rules on service by email.
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.
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:
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:
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 was published in September 2017 and is currently working its way through Parliament.
Noise Induced Hearing Loss Claims (NIHL)
The working party published its final report this autumn. See our article https://www.forbessolicitors.co.uk/news/display/39744/4/fixed-costs-recommendations-for-hearing-loss-claims-published
Shorter and Flexible trials pilot
A pilot of two schemes in the High Court until September 2017.
Jackson LJ to review fixed recoverable costs
Lord Justice Jackson published his review of fixed recoverable costs. Read our article here: https://www.forbessolicitors.co.uk/news/display/38722/fixed-recoverable-costs-a-review-of-lord-justice-jacksons-proposed-reforms
New Bill of Costs to be Compulsory
A new mandatory bill of costs has been delayed again until April 2018.
Discount Rate Consultation
The response was published in September 2017 https://consult.justice.gov.uk/digital-communications/personal-injury-discount-rate/results/discount-rate-response-consultation-web.pdf
Please contact us for more information relating to any of the matters listed above.
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