Home > Legal Opinions tagged Commercial dispute resolution

  • apportionment and the smoker negligently exposed to asbestos

    Bridget Tatham

    In the case of Blackmore v Department for communities & Local Government (2014), the defendant admitted that they had negligently exposed the deceased to asbestos fibres during the course of his employment as a painter, causing lung cancer. But using a relative risk analysis, they sought a reduction of 85% for contributory negligence for the deceased’s […]

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  • removal of the right of compensation for minor RTA claims

    James Arrowsmith

    Proposed amendments to the Social Action Responsibility and Heroism (SARAH) bill aimed at curbing the payment of damages in relation to low value injury claims show that the debate on the cost of whiplash is far from over. Amendments which would have allowed insurers to provide rehabilitation treatment rather than damages in relation to the […]

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  • further rules on fixed cost medical reports

    James Arrowsmith

    The latest draft rules intended to reform soft tissue injury claims give further clarity on how Claims and Underwriting Exchange (CUE) search facilities and expert accreditation will be incorporated before the expected implementation in April 2015. Claimant representatives will be required to undertake searches via AskCUEPI and input a unique reference into the CNF to […]

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  • DBAs: no change for now

    Nichola Evans

    For quite some time commentators have been suggesting that the Government should re-visit the arena of Damages Based Agreements (DBAs) and allow a ‘hybrid agreement’ of a no win, low fee arrangement particularly given the low take up of these agreements. Most recently Lord Justice Jackson joined the debate urging the Government in a recent […]

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  • 'fair, proportionate and effective' – striking out dishonest claims

    Paul Wainwright

    The Transport Committee has published its Fifth Special Report ‘Driving premiums down: fraud and the cost of motor insurance‘. The consultation is an important step in the further implementation of the Jackson reforms, following LASPO 2012. Whilst the ABI figures show improvement with reduced premiums, the AA has noticed a reversing trend. These proposed reforms […]

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  • DBAs will not take off without regulatory reform

    James Arrowsmith

    Damages Based Agreements (DBAs) have failed to gain traction as a result of overly restrictive regulations, according to Jackson who proposed their use in his report on civil costs. DBAs, under which a solicitor receives a percentage of any damages recovered as a fee, have been permitted since April 2013, but uptake has been low. […]

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  • poor claimant funding advice could prove expensive

    Melanie Chisnall

    In the case of McDaniel & Co v Clarke (2014), Mr Justice Hickinbottom ruled that a Master was entitled to hold that the solicitors acting for the claimant were entitled to recover no costs on the basis that the claimant was a member of a trade union and was eligible for free legal representation if […]

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  • can a refusal to mediate be reasonable?

    Chloe Poskitt

    In the case of Northrop v BAE Systems, the court had to determine costs after giving judgment in favour of BAE. Northrop submitted that BAE was entitled to its costs but those costs should be halved to reflect BAE’s unreasonable refusal to mediate. The court examined all the circumstances including the conduct of the parties […]

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  • administrators entitled to fix out of scope remuneration

    Emma Taylor

    In Re Brilliant Independent Media Specialists Ltd [2014] the High Court had to consider whether administrators were entitled to remuneration for services beyond those approved by a creditors’committee. The committee imposed a six month time limit to move from administration to creditors’ voluntary liquidation and refused to sanction further remuneration beyond that point. Whilst the […]

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  • parties: explain why your disclosed documents have been redacted

    Melanie Chisnall

    In the case of Decura IM Investments LLP v UBS G London Branch, Eder J held that where redactions in witness statements had taken place, it was important for the receiving party to know on what basis the redactions had been made. D had applied for further disclosure in its claim against U. U provided […]

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Dai Durbridge personal injury Hayley Roberts Richard Nicholas government Ofsted child protection Browne Jacobson NHS Oliver Sweeney Intellectual Property Richard Freeth copyright litigation Gemma Steele Brands local authorities Fiona Carter James Arrowsmith further education employment Sarah Erwin-Jones Department for Education free schools Claims Court of Appeal academies adult safeguarding Social Care trade marks Public Sector Mark Blois schools Browne Jacobson LLP High Court teachers education advertising Nichola Evans Laura Richards