Today the government announced a change in the discount rate from 2.5% to -0.75%. This has a major impact upon the way that schedules for future loss are calculated. PRACTICAL STEPS The practical steps that need to be taken include: Check and revise any existing schedules of damages that have any element of future loss. […]

By Bronia Hartley   Clutterbuck & Anor v Al Amoudi Ch D (Murray Rosen QC) 15/2/2017 CPR r.3.1(7) gives the court a general power to vary or revoke an order, but does this extend to a final order? In Roult v North West Strategic Health Authority [2010] 1 W.L.R. 487; [2009] EWCA Civ 444; [2009] […]

By Colin Richmond The Law Society Gazette reports this morning that the Ministry of Justice is to press ahead with plans to increase the small claims limit in personal injury claims. The limit, currently £1,000, will increase to £5,000 for whiplash claims and £2,000 for all other personal injury claims. Having originally proposed a complete […]

By Kate McKinlay   In Webster v Burton Hospital’s NHS Foundation Trust [2017] EWCA Civ 62, the Court of Appeal confirmed that the ‘Bolam test’ no longer applied and that the trial judge misdirected himself. The Court of Appeal found that the trial judge, Judge Inglis, should have directed himself according to the Supreme Court’s […]

By Frances Lawley   The new agreements come into force for accidents occurring after 1 March 2017. They were published on 13 January 2017 with the following statement: MIB paying a claim for the damage to an uninsured driver’s car when it has been caused by another uninsured or a ‘hit and run’ driver seems […]

By Sabrina Hartshorn   Where an apportionment for exposure to asbestos was carried out using a time based apportionment as opposed to a dose based apportionment A copy of this case can be found at http://www.bailii.org/ew/cases/EWHC/QB/2017/149.html Key points The diffuse pleural thickening in the claimant’s right lung had been caused by asbestos exposure. The position […]

By John Collins   This blog is addressed to solicitors and indeed to those who instruct counsel, particularly in relation to the fast-track trials and other proceedings such as small claims and indeed interlocutory matters. I feel that this is a timely Note, because thanks to the minimal remuneration which is nowadays given to solicitors […]