Monthly Archives: February 2017

CIVIL PROCEDURE UPDATE: NEW RULES – MAKE SURE YOU KNOW WHAT’S COMING!

    By Catherine Duffy On 3rd February 2017 the Civil Procedure (Amendment) Rules 2017 were made. The majority of these rules will come into force on 6th April 2017. FIXED COSTS Amendment of Part 45 The new rules state that fixed costs cease to apply when an action is in the multi-track. This reinforces […]

CHANGES TO THE DISCOUNT RATE: THE PRACTICAL IMPACT & THE STEPS THAT NEED TO BE TAKEN

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. […]

A FINAL COSTS ORDER IS JUST THAT

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] […]

Small Claims Limit To Increase In PI Claims

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 […]

COURT OF APPEAL TAKE UNUSUAL DECISION TO REVERSE TRIAL JUDGE’S FINDING ON LIABILITY IN CEREBRAL PALSY CASE

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 […]

New MIB Untraced and Uninsured Drivers Agreements

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 […]

Asbestos: Breach, Causation and Damages David Kearns v Delta Steeplejacks Limited [2017] EWHC 149 (QB)

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 […]