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Castano v. Augustine: Strict construction of the law at odds with New Jersey public policy?
Over time, New Jersey’s No Fault Act has evolved to incorporate additional restrictions on an injured party’s right to sue for injuries resulting from an auto accident. These restrictions, viewed as a trade-off for the Act’s promise of prompt payment of medical expenses regardless of fault, serve to impose the “draconian consequence” of completely foreclosing a prospective plaintiff’s cause of action should they run awry of requirements of the Act.
Hong Kong Personal Injury Brief - March 2023 edition
In a robust decision handed down recently, HH Judge Andrew Li of the District Court (Judge) said “this is by far the worst case I have come across in my 10 years sitting on the bench” and that “such appalling conduct on the part of an officer of the court must be stopped in our profession, in particular in [Personal Injury] litigation.” It was found that the Plaintiff’s solicitor (Solicitor) deliberately tried to hide a subsequent accident (2nd Accident), vastly inflated the claim, failed to make proper discovery of documents and concealed the husband and wife relationship between himself and the Plaintiff. A personal costs order on indemnity scale was made against the Solicitor and the matter was referred to the Law Society for further investigation - Cheung Ka Man v Wong Yu Huen  HKDC 370.
Case review 22/03/2023
The Court of Appeal’s decision on ‘mixed injuries’ cases
The recent decision by the Court of Appeal in Rabot v Hassam and Briggs v Laditan [20.01.23], has provided some certainty on how to approach the valuation of low value motor claims involving whiplash and non-whiplash injuries.
Healthcare Brief: market insights - March 2023
A summary of key developments which include a Call for Evidence to explore the option of a dual/multiple personal injury discount rate; publication of the summary of responses to the consultation on appropriate clinical negligence cover; the Powers of Attorney Bill; a letter to the profession from the General Medical Council; and draft statutory guidance issued on the protection of patient data.
Healthcare Brief: latest decisions - March 2023
A roundup of recent court decisions raising issues relating to divisible injury and material contribution in obstetric cases; best interest decisions and the role of parents in the clinical ethics committees’ process; and qualified one-way costs shifting.
Imminent changes to Qualified One-Way Cost Shifting: levelling the playing field
The UK Government has published its response to its consultation on changes to the Qualified One-Way Cost Shifting (QOCS) regime in personal injury cases, which was launched on 9 May 2022.
Personal injury report 2023: trends and future risks
Our latest report highlights some of the key trends and future risks that we anticipate will shape the personal injury agenda for 2023 and beyond.
What to expect if requested to give witness evidence at a Medical Practitioners Tribunal Service hearing
Witnesses of fact are a key part of hearings held by the Medical Practitioners Tribunal Service. A hearing which determines whether, or not, a doctor is fit to practise medicine. Here, we consider the process and what is expected of a witness asked to be involved in a MPTS hearing.
Implications of shelving the autonomous transport bill
Following enactment of the Automated and Electric Vehicles Act 2018 - designed to ‘kick-start’ the move towards self-driving vehicles – detailed exploration by the Law Commission of England and Wales, and the Scottish Law Commission into the wider legal and regulatory framework required, followed. With the baton handed back to the UK Government by way of an extensive set of recommendations published in January last year, the announcement of the Transport Bill in May looked set to continue that recent momentum.
Personal injury discount rate in England and Wales: exploring the options
In advance of the next formal review of the personal injury discount rate (PIDR) in England and Wales - which must begin by 15 July 2024 - the Ministry of Justice (MoJ) issued a call for evidence on 17 January 2023, seeking additional evidence and views on the introduction of dual or multiple rates.