Related insights: Casualty Litigation

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Swift & Carpenter – what does it mean in practice?

16 Oct 2020
The Court of Appeal last week handed down its decision in Swift v Carpenter [2020] EWCA Civ 1295. The issue at stake was the valuing of claims for damages where an injured claimant is obliged to purchase alternative accommodation as a consequence of the injuries suffered. The scope for such an award arises in any claim for long term disability where mobility is affected. Insurers will need to re-assess their approach to such claims and what follows is some practical guidance on the implications of the judgment and we set out the methodology for calculating awards for special accommodation going forwards.
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Employers' liability claims for COVID-19 in the workplace: are the floodgates opening?

25 Jun 2020
The coronavirus pandemic is likely to throw up some interesting challenges for employers and their liability insurers. How are the courts likely to approach the novel situation where employees may seek to claim for injuries arising through exposure to COVID-19 in the workplace, and how can employers and their insurers take steps to protect themselves from a tidal wave of claims?

Avoiding a non-party costs claim - considerations for insurers

10 Jan 2020
In October 2019 the Supreme Court unanimously overturned the Court of Appeal's decision in Travelers Insurance Company Limited v XYZ [2019] UKSC 48 on non-party costs orders against insurers. We examine the background to the decision and consider how insurers can avoid non-party costs orders being made against them.

Mixed costs in the era of fixed costs

03 Jan 2020
The application of qualified one way costs shifting (QOCS) is now a well-established feature of the personal injury landscape. But what happens where a claimant brings a "mixed" claim ie a claim for personal injury is included in proceedings for other non-personal injury damages? Does QOCS apply in those circumstances?

Whiplash reforms – what you need to know

02 Jan 2020
The Civil Liability Act 2018 came into force on 20 December 2018, and provides for the implementation of a number of key reforms to the way in which low value personal injury claims are dealt with. We examine the so-called "whiplash reforms" and consider their likely impact on personal injury and other claims.

Fundamental dishonesty: what is substantial injustice?

31 Dec 2019
The court has the power to dismiss a claim for damages where it is satisfied that, on the balance of probabilities, the claimant has been "fundamentally dishonest" in relation to the claim, unless the claimant would otherwise suffer "substantial injustice": section 57 Criminal Justice and Courts Act 2015.