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Artículos Recientes

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  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...

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  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,...

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  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...

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  03/04/2024

  Luxemburgo

  Modernisation of the Luxembourg law on the insurance sector: what’s new and how does it impact the insurance secrecy regime?

  On 2 April 2024, the law of 29 March 2024 modernising the Luxembourg insurance sector was published in the Official Journal of the Grand Duchy of Luxembourg (the “Law”). The Law will enter into force and start applying as from 6 April 2024.General OverviewThe Law aims at (i) implementing Directive (EU) 2021/2118 of 24 November 2021 relating to insurance against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against such liability and (ii) amending several laws, notably the law of 7 December 2015 on the insurance sector, as amended...

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  20/03/2024

  United Kingdom

  Court of Appeal clarifies legal test of reasonable foreseeability in mesothelioma claims

  The Court of Appeal has issued important guidance on the legal test to be applied in establishing liability in asbestos-related mesothelioma claims. In a number of cases the Judgment will make it harder for claimants to succeed in their claims. It will however be welcomed by defendants and insurers.In White v Secretary of State for Health and Social Care and Cuthbert v Taylor Woodrow [2024] EWCA Civ 244 the two deceased workers had been exposed to light or intermittent levels of asbestos. They had gone on to develop mesothelioma around 2019/21, from which both subsequently died. Their exposure...

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  20/03/2024

  United Kingdom

  Court of Appeal determines costs budgeting issue in personal injury claims - Hadley v Przybylo

  The Court of Appeal has decided that in principle, the Claimant’s solicitors’ costs of attending rehabilitation case management meetings are recoverable as costs of an action.This judgment is significant to anyone handling catastrophic injury claims (including med mal), in particular, where lawyers are attending multi-disciplinary team meetings and costs budgeting applies.In summary, this case questioned the recoverability of legal costs for lawyers to attend case management meetings with medical and other professionals whilst supporting a personal injury Claimant’s rehabilitation,...

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