Limitation is not a complete defence In personal injury matters a claimant has three years from the date of the accident (or date of knowledge) to issue proceedings under the Limitation Act 1980. One of the first considerations on taking on a case is the Limitation Period. Often if a case is taken on near … Continue reading Limitation Is Not A Complete Defence
On the 7th march 2006 the House of Lords defeated Ministers on proposals to confront the ‘compensation culture’. There is a growing concern that people in fear of the intensifying ‘compensation culture’ are stopping many activities. The House of Lords were defeated when peers voted 157 to 144 against the Government during the report stage … Continue reading Is An Apology An Admission Of Liability?
Last months news reported Mr Justice Silber ’s dismissal of a claim concerning patients under sixteen right to confidentiality when seeking advice and treatment on contraceptives, sparking much controversy over potential infringement of parental rights. The Claimant, a parent, was refused judicial review by way of declarations that: Doctors should be obliged to disclose such … Continue reading Patients Under Sixteen Right To Medical Confidentiality
Association of British Insurance News Last month the Association of British Insurers announced new proposals to deal with personal injury claims. The new proposals focused on a compensation system which was both fast and fair and which would aim to reduce the time and expense of litigation. The new proposals fall in line with the … Continue reading Association Of British Insurance News
Breast Cancer and Misdiagnosis Last months news headlines have included the shocking and worrying story that up to seventeen women were told that they could face a significant risk of dying from breast cancer after being informed that the radiologist who screened them for the disease had wrongly given them the all clear. In these … Continue reading Breast Cancer And Misdiagnosis
How your insured client can help you…. Once an insurance company has received a Pre Action Letter, there are a number of ways in which to investigate a claim against your insured. Often the insured will be the most important source of information and the best starting point for such investigations. It can often be … Continue reading How Your Insured Client Can Help You
PERSONAL INJURY AND PROPERTY LITIGATION BACKGROUND During the ’70s and ‘80s successive governments of either persuasion continued to reduce eligibility for legal aid leaving a vast chunk of the public to pay for legal advice. It was felt by many that access to justice was restricted to either the very rich who could afford to … Continue reading Personal Injury And Property Litigation
Callery v Gray (i) Legal expense premiums. As anticipated the Court of Appeal has ruled that claimants are entitled to recover premium for legal expense cover on matter settled without litigation. The court has deferred the decision on the precise amount of the premium directing the matter to Master John O’Hare, the senior Cost Master. … Continue reading Callery V Gray