Author Archives: zenithpi

Clarity, Clarity, Wherefore Art Thou? – Answers To Questions About The Civil Liability Act Reforms Remain Elusive

The Civil Liability Act 2018 received royal assent on 20 December 2018.  Following this, on 15 July 2019 the Lord Chancellor announced that the new discount rate would be set at -0.25% (to be reviewed in five years’ time).  However, despite the obvious progress of the Civil Liability Bill becoming an Act and the discount rate having been confirmed, much still remains unclear with no sign of an update in sight.

When it goes badly wrong; contempt and solicitors – Re M

Lessons for everyone – civil practitioners, family lawyers, and judges alike – in the Court of Appeal’s judgment in Re M (for which the case report is awaited).

Settling for nil damages can still be a genuine Part 36 offer – MR v Commissioner of Police of the Metropolis [2019] EWHC 1970

The appellant was arrested on suspicion of harassment but was later released without charge, after police had taken fingerprints and DNA samples. The appellant issued a claim for false imprisonment and assault.

Is Speeding a Defence? Motorbikes and contributory negligence

In the majority of road traffic based personal injury claims, speed is often raised as an allegation of negligence.  Witness statements abound with comments that the other driver ‘must’ve been speeding’ and even, my personal favourite, that ‘they sounded like they were speeding’.  To what extent though does the speed of the other driver absolve the negligent driver?  The High Court has considered this question in a recent case involving a motorcyclist, a side road and bank holiday driving.

WITHDRAWAL OF PRE-ACTION ADMISSIONS – JUDGES SHOULD RESIST THE TEMPTATION TO CONDUCT A MINI-TRIAL

Newham London Borough Council v Arboleda-Quiceno QBD (Lambert J) 31/07/2019

The defendant local authority appealed against a master’s refusal of permission to withdraw a pre-action admission made by its insurer.

Whiplash Portal – “Vulnerable” Parties To Be Exempt (At Least To Begin With)

The new whiplash portal is due to launch in the spring of 2020. It is likely to cover injuries arising from accidents occurring after 6th April.

Infant Approval Hearings – 6 top tips!

From agreement of damages to approval, there are various procedural banana skins to be negotiated along the way.
Here are six tips to help you in having a settlement approved.