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Case review 21/05/2021
In this recent case the claimant pedestrian was held wholly accountable for a road traffic accident. The decision reiterates that notwithstanding the high duty of care owed to vulnerable road users by motorists, being a vulnerable road user is not on its own sufficient to succeed in a claim in negligence in respect of a road traffic accident.
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.
Case review 06/03/2020
In this case, the claimant’s personal injury claim for damages in excess of £100,000 was dismissed as the judge did not believe the claimant’s version of events. Following further submissions a finding of fundamental dishonesty was made and the claimant was ordered to pay 75% of the first defendant’s costs despite the claimant establishing that they had breached their duty of care.
Case review 11/10/2019
Micromobility vehicles such as e-scooters and e-bikes are increasingly being used in our towns and cities. Indeed, it is now commonplace to see e-scooters in the morning rush hour, especially in large cities. However, recent serious incidents involving e-scooters have raised a number of concerns about the use of micromobility vehicles, generally.
Case review 09/10/2019
In this personal injury claim, pleaded in excess of £2 million, a successful strike out application for an abuse of process was upheld on appeal. The case highlights the risks awaiting any attempts to misuse the automatic stay offered under paragraph 16 of Practice Direction 8B of the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents.
Case review 05/06/2019
In dismissing the submissions on behalf of the MIB, the Court of Appeal have determined that the MIB are to compensate the claimant despite the fact that the road traffic accident occurred on private land.
Technological and medical advancements are progressing to produce improved methods to prevent and detect sports-related concussions (SRC), which in turn present additional obligations in risk management.
Case review 05/03/2019
The much anticipated decision of the Supreme Court has now been handed down with Lord Sumption delivering the judgment, which was unanimously supported. The judgment is unequivocal in the determination of the issues before the court, but is this the end of matters?
Case review 01/10/2018
A recent case decided that it would have been disproportionate and unfair to allow a personal injury claimant to recover significant costs to appoint a deputy to administer a relatively modest award for damages.