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Introduction
This edition of the Motor Update deals with a
number of key developments in the law. The Mental Capacity Act came
into full effect on 1 October, as did a further update to the
CPR. At the European level, we report on Rome II and a new
procedure for cross border small claims.
We reported in the last update on the DCA's
consultations on fast track claims and on damages. Our responses
have been submitted and are summarised below. If the proposals in
these papers come into effect then we could see significant changes
to the PI claims landscape over the next couple of years.
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.
Consultation - rules relating to service
This Ministry of Justice Consultation on Part 6 of the CPR can
be found at www.justice.gov.uk and the consultation closing date
was 28 September. There were a number of key proposals and Browne
Jacobson prepared a response to this consultation, details of which
can be found in this article.
Click here to read the full
article.
Accident exchange test case - blow for the insurance
industry
The first round of the long running battle between the insurance
industry and Accident Exchange has now been decided in favour of
Accident Exchange, following the decision by His Honour Judge
Charles Harris QC in the matter of Corbett v Gaskin.
Click here to read the full
article.
Care claims - availabililty of direct payments
The Judicial Review decision in P (by MP) v London Borough of
Hackney ([2007] EWHC 1365) deals with the extent of a Local
Authority's obligation to offer direct payments. Further details of
the Judgement and our comment can be found in this article.
Click here to read the full article.
Illegality and policy
There appears to be a current trend in the courts accepting
arguments of illegality and public policy. This month has seen the
case of Gray v Thames Trains Ltd, Network Rail Ltd (2007) provide a
decision which falls directly on the side of public policy. The
facts of the case are detailed in this article.
Click here to read the full article.
Mental Capacity Act 2005
Parts of the Mental Capacity Act 2005 came into force in April
of this year, with the remainder being implemented in October. But
what does the Act aim to do?
Click here to read the full article.
Keeping claims small
The potential costs savings to be achieved by having a claim
allocated to the small claims track as opposed to the fast track
are significant. When it comes to personal injury claims however,
there is almost always scope for a claimant to argue for damages in
excess of the £1,000 small claims track limit.
Click here to read the full article.
Firm news
Click here to read the latest news from Browne
Jacobson.