Home / Archives for July 2024

Cases

M v. H

£500,000 settlement of a TBI claim where C failed SVTs twice on neuropsychological testing. C sustained a mTBI and dental injuries in a high energy road accident. He was a university student at the time. He went on to complete…

16/07/2024

L v. L

£640,000 settlement of a TBI claim involving abdominal injuries. C was a 59-year-old cleaner from Nepal. she sustained severe abdominal injuries that rendered her effectively bedridden for the first 2 years post-accident. After that she became increasingly mobile and then…

16/07/2024

Amjad v UK Insurance Limited [2023] EWHC 2832 (KB); [2024] 1 WLR 2038

Personal injury, costs, disapplication of QOCS where the claim was made for the benefit of a third party. The two gateways in CPR 44.16(2)(a) and (b) depended on who benefitted from the claim: if a third party benefitted then gateway…

08/07/2024

Fleming v Zurich Insurance plc [2023] EWCA Civ 1417

Civil procedure, pleadings, lifting the value. The Claimant brought a claim for personal injury and originally limited his claim to Fast Track levels. Standard directions were issued including permission to file and serve an updated schedule of loss. The Claimant’s…

08/07/2024

UK Insurance Ltd v Ali [2024] EWHC 30 (KB)

Contempt: procedure, permission and prison capacity. In a contempt application the Court considered when permission is required in relation to allegations of interference with the administration of justice in ‘existing’ proceedings and the relevance of overlapping allegations which do require…

08/07/2024

Advantage Insurance Co Ltd v Harris [2024] EWHC 626 (KB)

Contempt: basis and sentencing. In a contempt application, a Claim Notification Form could form the basis for contempt, just as with pleadings and statements. When sentencing, the Court could impose a fine if the exceptionality of the circumstances justifies the…

08/07/2024

Thakkar v (1) Mican (2) AXA Insurance UK plc [2023] EWHC 2313 Mr Justice Richard Smith, later unsuccessfully appealed by the other side to the Court of Appeal (reported at [2024] EWCA Civ 552).

Fundamental dishonesty and costs. There was no presumption that a successful Claimant would receive indemnity costs where the Defendant’s allegations of fundamental dishonesty failed. The default position is that standard costs are payable unless the receiving party could demonstrate why…

08/07/2024

Inquest touching upon the death of RH

The Inquest touching upon the death of RH concluded at Pontypridd Coroner’s Court on 2 July 2024. The jury, having heard evidence from 32 witnesses, concluded that RH died by “ligaturing himself in circumstances where his intention could not be…

05/07/2024

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