By Chris Rafferty Earlier this month the Scottish government set out its plans to introduce legislation emulating the funding arrangements which have now been in place south of the border for some time. The Expenses and Funding of Civil Litigation Bill, expected to be introduced next year, will permit DBAs to be enforceable by solicitors […]

By Ruwena Khan Can litigants in person ‘escape’ the rules relating to costs budgeting in all claims? To what extent does the costs management regime under CPR 3.12 to 3.18 apply to the costs of a litigant in person? Chief Master Marsh has clarified that the court does indeed have jurisdiction to order a litigant […]

 By John M. Collins The recent case of Zurich Insurance Co v Hayward [2016] 3WLR 637 undoubtedly strengthens the hand of insurance companies. It resolves certain issues of uncertainty, but, as I shall indicate, appears to create further problems. The facts of the case were essentially simple. The Claimant claimed over £400,000 damages in respect […]

MIB v Moreno [2016] UKSC 52 Miss Moreno was injured in an RTA in Greece by an uninsured driver. Liability was admitted. Miss Moreno brought a claim against the MIB in the UK as is permissible under the various Council Directives of the EU (culminating in the Sixth Directive 2009/103/EC) and consequent Regulations that implement […]

The Personal Injury Practice Group is holding its Annual Update on the 17th October at the Park Plaza Hotel in Leeds. The course runs from 9.30 to 5.00pm and lunch is provided. The cost is £80. Topics to be covered this year include: Costs – developments in 2016. Employer and public liability update. Road Traffic […]

In the judgment today in Smith -v- Lancashire Teaching Hospitals NHS Trust [2016] EWHC 2208 (QB) Mr Justice Edis, reluctantly, held that the Fatal Accidents Act bereavement payment cannot be extended to cover a cohabitee. “Why, in any event, does it serve any public interest to refuse to require insurers to make payments which, according […]

Originally posted on Fatal Accident Law:
A number of recent cases I have been involved in have highlighted the need for care when dealing with claimants who have specific cultural expectations as to dependency.  There are relatively few reported cases on this topic. It is worth looking at them. KEY POINTS Perhaps the major point…