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

  •  
    14/01/2025
    United Kingdom

    No epidemic of Covid-19 Employers Liability claims - Edwards & Others v 2 Sisters Food Group Ltd [2024] EWCC 21 considered

    In Edwards & Others v 2 Sisters Food Group Ltd [2024] EWCC 21, the defendant successfully applied for summary judgment against all claimants on the basis that their claims had no realistic prospect of success.The claimants worked at 2 Sisters Food Group’s chicken factory in Llangefni, Anglesey. All claimed that they had developed symptoms of Covid-19 in or around June 2020. It was alleged that 2 Sisters had breached its duty of care towards them, failing to take all reasonable steps to manage the risk of transmission within the factory, and that their Covid-19 disease had been caused...
    Read more
  •  
    27/11/2024
    United Kingdom

    The CJC Review of Pre-Action Protocols – Phase Two Report (Final) now published

    On 15 November 2021, the UK's Civil Justice Council (CJC) published an Interim Report initiating a consultation on pre-action protocols (PAPs).  The consultation closed in January 2022. CMS responded to the consultation with interest, given the potential impact on the legal industry and insurers/insureds alike.It is the responsibility of the CJC, through its designated Working Group (WG), to make recommendations to the Civil Procedure Rules Committee (CPRC). It is for the CPRC to accept or reject those recommendations and draft the revised PAPs.The CJC's response was published in two parts....
    Read more
  •  
    22/10/2024
    United Kingdom

    Navigating Wasted Costs Orders: Insights from Wil­li­ams-Henry v Associated British Ports Holdings Ltd

    When might it be appropriate to fix the solicitors of a fundamentally dishonest Claimant with an obligation to pay the Defendant’s costs?We previously reported on the striking case of Kirsty Williams-Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB) (see here), in which the Claimant in a personal injury claim was found to have been fundamentally dishonest, the court concluding that she had been “thoroughly dishonest” in the presentation of her symptoms, lying to “clinicians, medico-legal experts and this Court about [her] health, functioning, activities...
    Read more
  •  
    30/04/2024
    United Kingdom

    Court of Appeal rejects the Abbott tests for “convenient disposal” of multiple claims in one claim form

    The Court of Appeal has overturned the tests set out in Abbott v Ministry of Defence [2023] EWHC 1475 (KB) [2023] 1 WLR 4002 in relation to determining whether it is suitable for multiple claimants to bring their claims on a single claim form.BackgroundIn Morris & Ors v Williams & Co Solicitors (A Firm) [2024] EWCA Civ 376, the defendant applied to strike out the claim form on the grounds that it was an abuse of process, or was an obstruction to the just disposal of the proceedings, or otherwise that the claim form did not comply with CPR 7.3.CPR 7.3 provides that “[a] claimant may...
    Read more
  •  
    15/04/2024
    United Kingdom

    Fundamentally dishonest claimant’s claim dismissed: s.57 of the Criminal Justice & Courts Act 2015 in action

    In Kirsty Williams- Henry v Associated British Ports Holdings Ltd [2024] EWHC 806 (KB), a claimant who had sustained serious injuries following her fall from a pier in 2018 had her claim dismissed because the judge, applying s.57 of the Criminal Justice & Courts Act 2015, concluded that she had been fundamentally dishonest and that dismissing her claim would not cause “substantial injustice”.The claimant was found to have lied, seriously and repeatedly, in relation to her ongoing condition, and to have been wholly unrepentant when giving evidence. Her dishonesty was unravelled,...
    Read more
  •  
    04/04/2024
    England and Wales

    Supreme Court ruling on the correct approach for assessing PSLA in “mixed injury” claims

    In a judgment welcomed by claimants, the Supreme Court has upheld the Court of Appeal’s decision in the case of Hassam & Anor v Rabot & Anor [2023] EWCA Civ 19 in respect of the correct approach to take when assessing damages in mixed injury cases.Mixed injury cases are those where a claimant suffers a whiplash injury which falls within the scope of the fixed tariff system contained within the Whiplash Injury Regulations 2021 (made under the Civil Liability Act 2018) but also suffers additional injury which does not fall within the tariff system and is subject to a common law assessment...
    Read more