Personal Injury

Welcome  to the home of personal injury on Law-Now.

On this page, you will find all the articles and publications for personal injury claims.

To stay in touch with the latest developments, please bookmark this page on your mobile or register to receive eAlerts.

Recent Articles

  •  
    20/12/2023
    United Kingdom

    Scottish QOCS case law for 2023 – the lessons learned so far

    It is two and a half years since Qualified One-Way Costs Shifting (QOCS) was introduced to personal injury claims in Scotland. There has been much interest in how case law will develop the application of QOCS, what this will mean for a defender’s ability to recover costs from a pursuer and, ultimately, for the way in which proceedings are conducted. Following a spate of judgments over the last 12 months, we look at the lessons learned so far.Before 30 June 2021, the long-standing default position on expenses (costs) in almost all civil litigation in Scotland was that “expenses follow...
    Read more
  •  
    07/12/2023
    United Kingdom

    Group Litigation Orders not always the appropriate method to resolve multiple claims

    The High Court rejected an application for a Group Litigation Order (GLO) for military noise induced hearing loss (mNIHL) claims from a claimant firm due to the lack of utility of a GLO. The lack of utility was caused mainly by the applicant claimant firm’s wholesale failure to comply with the requirements set out in CR PD19B for obtaining a GLO.  The application was supported by the defendant but opposed by other claimant firms due to those failures.  Given the decision in Abbott and others v Ministry of Defence [2023] EWHC 2839 (KB), it is possible that, even if the requirements...
    Read more
  •  
    05/12/2023
    United Kingdom

    Jagger and others v AXA Insurance UK Plc [2023] 7 WLUK 263 – Three Strikes Not Out

    The Court has found that it was an abuse of process to rely on the evidence of an expert whose independence was in question, as well as issuing the claims for significantly less than they were later amended to (and where the increased court fee was not paid until an Unless Order was issued). However, this abuse of process did not result in the striking out of the claims.BackgroundSheffield based law firm, SSB Law, represented 1,428 litigated claims concerning the defective or inappropriate installation of cavity wall insulation. 143 of these claims were issued within the Damages Claims Portal (‘DCP’)...
    Read more
  •  
    04/12/2023
    United Kingdom

    Causation of indivisible diseases – material contribution test applies, says Court of Appeal

    In Holmes v Poeton Holdings Ltd [2023] EWCA Civ 1377, the Court of Appeal has attempted to bring clarity to the notoriously slippery legal concept of “material contribution”.The judgment reviews the leading cases in some detail and provides clear guidance on an area which, the court observed, has been “bedevilled by apparent inconsistency and imprecision at the highest level on multiple occasions.” (para. 30).The case concerned an individual who alleged that his Parkinson’s Disease was caused, at least in part, by exposure to the organic solvent Trichloroethylene (TCE)...
    Read more
  •  
    01/12/2023
    United Kingdom

    Supreme Court clarifies position on uncontroverted evidence - TUI Ltd v Griffiths

    The Supreme Court has now clarified the position in relation to uncontroverted evidence.After nine years, TUI Ltd v Griffiths [2023] UKSC 48 has reached a conclusion which most practitioners were expecting. Subject to certain important exceptions, evidence which is not agreed must be challenged by cross-examination. This is an essential feature of our adversarial system and is required to ensure fairness to the parties, the witness (whose evidence a judge is invited to reject) and the court.Although Griffiths concerned expert witness evidence, the principle established applies to the evidence of...
    Read more
  •  
    27/11/2023
    United Kingdom

    Video surveillance in personal injury cases - QBE UK Limited v Mark Raymond Hilton

    An individual who exaggerated his injuries following an accident at work has been found in contempt of court and sentenced to 10 months, following the use of surveillance footage by insurer, QBE.BackgroundOn 31 July 2023, the court determined whether QBE UK Limited’s (“QBE”) application for permission to commence contempt proceedings against Mr Mark Hilton would be granted. Originally, Mr Hilton had issued proceedings, seeking damages of £600,000, following an accident at work. Within the defence, liability was admitted and proceedings, therefore, progressed in respect of...
    Read more