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Legal Article

Recoverability of Inquest Costs by a Claimant

28 Oct 2020

In the case of Greater Manchester Fire and Rescue v Veevers [220] EWHC 2550 (Comm) the court ordered the defendant to pay the claimant's legal costs of attending the inquest into the death of the claimant's son despite a pre action statement that the defendant agreed to compensate the claimant…

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Legal Article

Accommodation Costs - the new Formula

28 Oct 2020

The method of calculating the amount of compensation a claimant should be awarded for the extra accommodation costs associated with their injury has long been in contention between claimants and defendants. The difficulty arises when a claimant has a need for more expensive accommodation that can be…

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Legal Article

Guideline Hourly Rates under fire

28 Oct 2020

In 2 recent cases the Guideline Hourly Rates used as the basis of assessment of opponents' costs in civil litigation, and set in 2010, have been scrutinised with judges accepting that they are not necessarily appropriate in all cases 10 years on. In Re PLK and others the High Court discussed the…

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Legal Article

Compensation Act referred to by Judge in dismissing footballer's claim

28 Oct 2020

Forbes have successfully represented a football club in a claim arising out of an alleged injury to a player when he says that his foot went into a hole in the playing surface. In dismissing the claim the judge referred to the need to consider whether a desirable activity might be prevented or…

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Legal Article

Employer not directly, nor vicariously, liable for practical joke

28 Oct 2020

Over recent years the question of what actions of its employees an employer is and is not vicariously liable for has come before the courts on various occasions. The leading case remains Lister v Hesley Hall Ltd from 2001 which set out a 2 stage test including a test of "sufficiently close…

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Legal Article

Are you due a refund from the Court for court fees paid to a Claimant?

28 Oct 2020

Her Majesty's Courts and Tribunal Service (HMCTS) launched a refund scheme for overpaid court fees. It includes those fees applicable for stage 3 Part 8 claims that started life in the personal injury claims portal paid up to 30 April 2018. If a claimant has paid such a fee, or a defendant has…

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