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COURT OF APPEAL DELAYS
COURT OF APPEAL DELAYS The Master of the Rolls has issued a new Practice Guidance effective 1 August 2015, which extends the time by which the Court of Appeal should hear appeals (Judiciary: Practice...
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PART 36 ANTI-CLAIMANT BIAS CONTINUES
PART 36 ANTI-CLAIMANT BIAS CONTINUES In Gulati and Others v MGN Ltd [2015] EWHC 1805 (Ch) the Chancery Division of the High Court held that where a claimant’s Part 36 offer had been withdrawn and then...
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VULNERABLE CLIENTS
VULNERABLE CLIENTS On 2 July 2015 the Law Society published a practice note entitled Law Society: Meeting the Needs of Vulnerable Clients The notes provides guidance on identifying vulnerable clients...
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NO COSTS FROM ANYONE IN CFA CASE IF NO NOTICE OF RIGHT TO CANCEL
In Cox v Woodlands Manor Care Home [2015] EWCA Civ 415 the Court of Appeal held that solicitors fail to give a client notice of the right to cancel the agreement, which happened to be a Conditional Fee...
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COURTS GRANT THEMSELVES RELIEF FROM SANCTIONS
The Judicial Office has agreed to Lord Justice Jackson’s request that there be a temporary break in costs budgeting in clinical negligence cases. Its statement in July 2015 read:- “As a temporary...
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LAW’S PARASITES
A Dick Chilblain Special! Our intrepid reporter catches up with legal entrepreneur Chris Innovator who tells of his life in the law in his own words: ” I started with the protection rackets of the...
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NEW MIB UNINSURED DRIVERS’ AGREEMENT
NEW MIB UNINSURED DRIVERS’ AGREEMENT The new MIB Uninsured Drivers’ Agreement came into force on 1 August 2015 and applies to accidents occurring on or after that date; the 1999 agreement continues to...
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ADR REGULATIONS FOR SOLICITORS: 1 OCTOBER 2015
ADR REGULATIONS FOR SOLICITORS: 1 OCTOBER 2015 On 1 October 2015 the Alternative Dispute Resolution for Consumer Disputes (Amendment) Regulations 2015 are in force implementing the EU Directive on...
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CONTENTIOUS BUSINESS AGREEMENTS (CBA)
CONTENTIOUS BUSINESS AGREEMENTS (CBA) In Addleshaw Goddard LLP v Wood and Hellard [2015] EWHC B12 (Costs) the Senior Courts Costs Office, Master Campbell, had a rare opportunity to consider Contentious...
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BANKRUPTS – AVOIDING ACTING FOR THEM
BANKRUPTS – AVOIDING ACTING FOR THEM A solicitor cannot act for a bankrupt without the agreement of the Trustee in Bankruptcy. There are some limited exceptions – see my blog – Personal Injury: Acting...
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Assignment of CFA’s Not Possible: Jones v Spire Healthcare considered
In Jones v Spire Healthcare Ltd, Liverpool County Court 11 September 2015 case number A13YJ811 District Judge Jenkinson held that a Conditional Fee Agreement entered into between the claimant Ms Jones...
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LITIGANTS IN PERSON UPDATE
On 1 October 2015 a new rule was introduced in relation to case management of matters involving litigants in person and this was achieved by the 81st update to the Civil Procedure Rules. ” Case...
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INSURERS AT IT AGAIN ? (4)
A solicitor’s client is referred to DLG Legal Services Ltd (DLG), part of the Direct Line Group (DL). It is regulated by the Solicitors Regulation Authority but from its website it seems only to accept...
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INSURERS AT IT AGAIN (5)
A client reports a matter to Aviva. Without her knowledge the information is sent to Minster Law who submit a Caim Notification Form (CNF) on the portal. Two days after the accident her actual...
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TRAM ACCIDENTS: DO THEY GO IN THE PORTALS?
An accident involving a tram is clearly a road traffic accident and could also be an employers’ liability case, for example where the injured person is an employee, or a public liability case. However...
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EVER SEEN WORSE TH>N MORE TH>N? – INSURERS AT IT AGAIN (6)
Below is the text of a letter sent by MORE TH>N, a trading name of Royal & Sun Alliance Insurance plc, to a solicitor’s client questioning whether the client had actually instructed those...
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SETTLEMENT AGREEMENTS IN PERSONAL INJURY
Originally posted on Kerry Underwood: This piece first appeared in Claims Magazine As the dysfunctional Jackson shamble stumbles on, albeit now being progressively overturned by Parliament, it is time...
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EMPLOYMENT APPEAL TRIBUNAL FEES: A MESS
It is well known that the introduction of Employment Tribunal fees has caused an 80% reduction in cases and that Unison’s Judicial Review applications have failed. Less well-known is that there are...
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DIRECT LINE OR DIRECT LYING? – INSURERS AT IT AGAIN (7)
In Insurers At It Again (4) I commented on Direct Line Group and its relationship with DLG Legal Services, a firm of solicitors and part of the Direct Line Group. The standard client care letter from...
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DLG LEGAL SERVICES & SOLICITORS CODE OF CONDUCT
In my blog earlier today – DIRECT LINE OR DIRECT LYING? – INSURERS AT IT AGAIN (7) I set out paragraph 14 of the Terms of Business sent by DLG Legal Services, a firm of solicitors and part of the...
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