Further reform to Personal Injury – Crackdown on gastric illness in holiday claims

Introduction Hot on the heels of The Association of British Insurers (ABI) (in response to an apparent increase in whiplash claims) The Association of British Travel Agents (ABTA) has campaigned for reform in package holiday gastric illness claims. Personal Injury reform is a topic that I have previously explored under “Personal Injury Claims- further reform Continue reading

Clarification on the correct application of qualified one-way costs shifting

This article explores the correct way Defendant’s added to a claim after April 2013 should approach qualified one-way costs shifting (“QOCS”) It explains how QOCS should be applied in respect of an unsuccessful claim for damages for personal injury. In particular, the article reviews the recent Court of Appeal decision in Corstorphine (An Infant) v Continue reading

The Judicial College Guidelines 14th Edition. The need for intelligent application rather than a rigid approach.

In September 2017, the 14th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases were published. This new addition has been updated to take into account inflation since the 13th Edition (which was published September 2015). The award across all categories has been increased in line with the Continue reading

Stage 3 Road Traffic Accident- power to transfer proceedings.

Low value, road traffic accident personal injury claims worth between £1000 and £10,000 have a streamlined process. The Pre-Action Protocol prevents parties from incurring disproportionate costs. The Protocol involves a three-stage process in which stage 3 is a quantum hearing adopting the simplest procedure possible. The recent case of Phillip v Willis [2016] EWCA 401 Continue reading