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Introduction
In our January edition we discussed the changes expected in 2007
that may have implications for the manner in which many claims are
handled, particularly at their early stages. A number of the
anticipated developments have now occurred. The Crofton judgment
has reaffirmed that it is appropriate to reduce a claimant's
damages where he or she will have the benefit of publicly funded
care. Regulations to control claims management services are now in
force. Other areas are progressing more slowly and the Legal
Services Bill is not now expected to come into force until
2009.
Rome II, a European Regulation dealing with cross border tort
claims is expected to be published in its final form this month, to
come into force in 2009. We will report on that in a future
issue.
The 6th edition of the Ogden tables have been published and will
have a significant impact on the way loss of earnings claims are
dealt with. We discuss some of the implications of these tables in
this update.
Changes to the way claims are handled are also in the pipeline.
Browne Jacobson recently responded to a consultation on the future
of the Pre Action Protocols and the DCA has since published three
consultations on damages, procedure, track limits and costs.
Thank you for your interest in this update and we hope you find
it useful. If you have any comments or feedback I would be
delighted to hear them.
News In Brief
Please click here to read the stop press
articles.
How much are you worth?
The 6th edition Ogden tables represent a significant departure
from the way loss of earnings claims have been calculated in the
past.
Click here to read the full
article.
Consultation: rethinking the personal injury claims process and
revisiting damages
During April and May the Department for Constitutional Affairs
issued three consultation papers dealing with a broad range of
issues in connection with the personal injury claims.
Click here to read the full
article.
Rules are rules - Fixed success fees
The Court of Appeal have recently dealt a blow to the motor and
EL insurance industry following judgment in Lamont v Burton, handed
down on 9 May 2007.
Click here to read the full article.
Defendant wins periodical payments -
Taylor v Chesworth (May 2007)
The Motor Insurers Bureau (MIB) have succeeded in securing a
Periodical Payment Order (PPO) notwithstanding the claimant’s
opposition.
Click here to read the full article.
Accidents at junctions - Farley v Buckley (Court of Appeal, May
2007)
The claimant motorcyclist was attempting to overtake a refuse
truck on the approach to a junction with a minor road.
Click here to read the full article.
Then and now - Issues under Ogden 6
We discuss below two recent claims dealing with damages for
future loss of earnings and consider how these might be approached
differently under the 6th edition Ogden tables.
Click here to read the full article.
Accident Exchange - Test case adjourned again!
This test case, the first to decide upon the enforceability of
Accident Exchange's Terms and Conditions of Hire used during 2006,
was spectacularly called to a halt.
Click here to read the full article.
House of Lords refuses to change the law - Contributory
negligence for failure to wear a seatbelt
The House of Lords have refused the appeal of a Defendant who
had been given permission, following trial, to fast track his case
and petition to the House of Lords on the issue of contributory
negligence for failure to wear a seatbelt.
Click here to read the full article.
Firm news
Click here to read the latest news from Browne
Jacobson.