Strategy & Procedure
I'm sorry I'll have to accept your first answer: Roberts v Kesson & Anor
The High Court made a finding on appeal of fundamental dishonesty under section 57 Criminal Justice and Courts Act 2015 in a case where the claimant tried to correct an earlier false statement by…
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Analysis of April portal data and early impact of Covid-19 on claims
In our update last month we looked at the early impact of the lockdown on claims numbers. Despite March only being impacted for the latter part of the month it held the dubious distinction of the…
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First portal data released since Covid-19 outbreak shows the expected reduction in new claims submitted in March 2020 and whiplash reform delayed to April 2021
As foretold in last month's update, the first statistical evidence of a downturn in claims post Covid has been confirmed in the Claims Portal data released for March. As UK road travel has apparently…
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DWF leads the way with Skype trial win against cold calling
Insurers will be interested in remote trials and hearings taking place during the pandemic and will be encouraged to see that we are pressing to defend these cases and using remote means.
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Beware of the "eggshell personality"
Edward Cleary reviews the judgment of Mrs Justice Farbey in Morrow v Shrewsbury Rugby Union Football Club Limited (2020) and considers the causal implications for insurers dealing with claims brought…
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Reforms watch and analysis of portal data & civil justice statistics
After the February hiatus, Claims Portal Co have released the latest Portal statistics showing a downward trend across the board. We also have the recent quarterly civil justice statistics and review…
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Reforms Update – Delay finally announced, with the added bonus of some outstanding policy decisions as well
Today we have finally had confirmation from the Lord Chancellor that the reforms are being delayed to 1 August 2020 – link here: Implementation of the Whiplash Reform Programme - GOV.UK
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Looking ahead
An update on forthcoming cases, consultations, legislation and key developments to look out for.
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The Lugano Convention: Jurisdiction & Enforcement Post-Brexit
The UK has now officially left the EU and entered the transition period, which is expected to end on 31 December 2020. This may raise a number of questions for insurers regarding the legal landscape…
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December portal data analysis, reforms update, and case law/legislation watch
The Claims Portal data for December 2019 has now been released and whilst the numbers for December are down on last month, there is a reasonable upturn in RTA new CNF figures when compared with…
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