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A roundup of recent court decisions including provisional damages and mitigation of loss for a dementia patient, issuing claims in the correct court, a common sense approach taken in a Scottish injury case, and participant v participant incidents in competitive sport.
On 31 May 2022, HM Courts and Tribunals Service confirmed that changes to the Civil Procedure Rules requiring defendant legal representatives to use the Damages Claims Portal from 2 June 2022 has been postponed.
When an accident occurs involving a work vehicle, insurers will consider whether the accident should be covered under the defendant’s EL/PL policy or their motor policy. With the Motor Vehicles (Compulsory Insurance) Act having passed the final parliamentary stages and will shortly be coming into force, this will provide clarification between EL and motor insurers.
We are very pleased to reveal the six successful claims professionals who have been chosen as finalists for the third series of Insurance Post’s Claims Apprentice, in association with Kennedys.
We have added a leading organised fraud specialist to strengthen our team and help safeguard clients from the rising cost of fraudulent claims. James Stevens is a former director and head of organised fraud at DWF Law, where over the last 11 years he has become well-known for his work relating to organised insurance fraud.
Case review 21-03-2022
A recent High Court ruling signalled another positive step for organisations, and their insurers, in whether they should be held vicariously liable when employees break the law. In Isma Ali v Luton Borough Council , a case involving the leaking of sensitive personal data by a council employee, the judge concluded the local authority could not be held responsible for the actions of someone acting on a “frolic of their own”.
Recent cases suggest courts may be continuing to crack down more on unmeritorious claimants who pursue hopeless litigation. In October 2021’s PI Brief we referred to several judgements of HHJ Andrew Li (HHJ Li) where claimants and/or their solicitors were penalised with indemnity costs and/or wasted costs orders in pursuing a groundless claim. Since then, both the High Court and the District Court have readily taken a more robust approach against meritless claims.
On 29 June 2021, a popular Mexican influencer and youtuber known as YosStop (Josseline Hoffman) was arrested after Ainara Suarez filed an accusation against her for producing, storing and publicizing a video showing the gang rape that Suarez suffered at a party in May 2018, when she was 16 years old.
Our global liability and defence group brief, Navigating the global liability defence agenda, was created with our clients in mind. With our legal footprint spanning across 24 countries, our lawyers have first-hand knowledge of global issues impacting our clients. We wanted to provide a snapshot of interesting legal issues we are seeing and share some takeaways we expect will resonate cross jurisdictionally.
The growth of the electric vehicles market in the UK is expected to accelerate ahead of the 2030 ban on new petrol and diesel vehicle sales. But while the benefits of EVs have been discussed at length there are several multifaceted potential risks which are likely to present challenges in establishing where liability and responsibility for recompense rests. Insurers will need to give careful consideration to these emerging risks and related potential claims.