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While the pandemic continues to present challenges for both the management and progression of motor liability claims, we delve into some of the wider trends we’ve been seeing that look set to continue this year.
On 28 March 2019, the government launched a consultation on the extension of fixed recoverable costs (FRCs) in cases worth up to £100,000. In a long-awaited update, the Ministry of Justice announced in September that the proposals to extend FRCs will indeed be introduced. We provide a summary of the government’s response.
We are pleased to announce we have promoted 86 associates to senior associate and introduced a new legal director role, with 44 legal directors and 2 special counsel also promoted.
What a few weeks it’s been since the long awaited whiplash reforms finally gathered some momentum again. When the rules first landed in my inbox, I remember thinking finally we have some light at the end of the tunnel but that clarity was short-lived as we delved deeper into the rules, engaging with colleagues and clients alike to consider the potential areas of friction.
Case review 24/02/2021
Robert Sudale v Cyril John Ltd: In this case, the claimant’s personal injury claim for damages was dismissed on the grounds of fundamental dishonesty. The judge found the claimant had pursued a claim relying upon a significant exaggeration of his symptoms.
In our 27th and final Motor Wednesday webinar of 2020, held in December, we reflected on some of the key impacts of COVID-19 on motor claims. As well as considering key impacts of the global pandemic, we discussed other important developments including those relating to Brexit, the Whiplash Reforms, MoJ Portal claims, alternative dispute resolution, fundamental dishonesty findings and tomorrow’s vehicles.
On 23 March MedCo temporarily lifted the ban on the use of remote examinations on claimants for the purpose of obtaining MedCo reports.
In this article we explore what impact the COVID-19 pandemic has had on the court system in England and Wales, and the resultant practical issues in the management of road traffic accident litigation.
The High Court has given a welcomed decision on the test for ‘exceptional circumstances’ to be applied when a claimant argues that fixed costs do not apply to a claim that settled for more than £25,000.
Providing a means of controlling legal costs, fixed recoverable costs currently apply in most low value personal injury cases and are well integrated into the everyday lives of lawyers dealing with such claims. Following publication of Sir Rupert Jackson’s report on 31 July 2017, the Ministry of Justice opened its consultation on extending FRC in civil cases on 28 March 2019.