Peter Causton

In a recent claimant-friendly decision, the Court of Appeal has clarified that the proper interpretation of a “good arguable case” under the merits threshold for a freezing injunction is “whether there is a serious issue to be tried”. In the case of 𝘋𝘰𝘴 𝘚𝘢𝘯𝘵𝘰𝘴 𝘷 𝘜𝘯𝘪𝘵𝘦𝘭 𝘚𝘈, the Court provides important guidance for applicants on the relevant threshold they are required to meet to satisfy that limb of the test and seeks to align this with the threshold of other interim injunctions. In our latest #Perspective, Greg Lascelles and Abigail Thrasher discuss the background of the case and explain how this decision provides clarity on an area of law which has seen some divergence in recent years. https://lnkd.in/dhCWQM2T

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In an article first written for the September 2024 edition of PI Focus magazine, senior associate Charlotte Foster discusses some of the issues that arise when a catastrophic injury claimant’s lack of capacity is not caused by the negligent act. Read more here: https://lnkd.in/eBguAmTU #PersonalInjury #CatastrophicInjury #InjuryClaims

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Did you know? A claimant can tender evidence on facts not pleaded by him if those facts are pleaded by the defendant… Find more details in the document. #Practice #moot #courtroom

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The Claims process can be a daunting one but we aim to guide clients by communicating clearly and regularly what is going on and put them at ease by reassuring them they are in good hands. #BecauseWeRideToo #BikingLawyers #SpecialistSolicitors

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Mediation can assist with the common issues encountered by claimant Clinical Negligence solicitors. Here’s how https://lnkd.in/edpB6kpe

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Divorce Law has a long and complex history in England. Our recent blog briefly discusses the key changes throughout the decades and centuries. Read more now 👇 https://buff.ly/3SXCHIl #familylaw #divorcelaw #divorce #divorcesolicitor

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🗣️ Court rulings suggest personal injury dishonesty won’t rule out other heads of loss. If a claimant is found to have lied or committed fundamental dishonesty on their personal injury claim, this will ultimately lead to the claim being dismissed. However, recent court rulings demonstrate that this shouldn’t come at the expense of other heads of loss. For example, for a road traffic collision where the other driver is at fault, dishonesty from the claimant wouldn’t necessarily rule out claims in respect of damage to the vehicle, its recovery and storage, and loss of use. Find out more below 👇 https://lnkd.in/ezDi6QMa.. #personalinjury #court

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Warranty and Indemnity Insurance: The Court of Appeal offers Guidance on the Interpretation of Policies and Exclusions On 2 May 2024 the Court of Appeal handed down judgment in the case of Project Angel Bidco Ltd (In Administration) v Axis Managing Agency Ltd [2024] EWCA Civ 446. The case arose from an insurance coverage dispute arising from the interpretation of a warranty and indemnity insurance policy issued with respect to the acquisition of a construction business. The main issue was the proper interpretation of an “ABC Liability” exclusion that related to non-compliance with anti-bribery and anti-corruption laws. The Respondent Insurers contended that the exclusion should be read as it was written, such that excluded the claim advanced by the Appellant insured. On a preliminary issue HHJ Pelling KC decided in favour of this interpretation. Below and on appeal the Insured contended that there was a contradiction between the exclusion and the rest of the Policy that required it to be “corrected by construction”.   Lord Justice Lewison gave the majority judgment, with whom Lord Justice Arnold agreed. Lord Justice Phillips gave a dissenting judgment. Lewison LJ found in favour of the insurers in a detailed judgment that provided essential guidance as to how to interpret exclusions in insurance policies and how the Courts will resolve alleged inconsistencies in both the language used and the contract as a whole. This is significant for the warranty and indemnity market as it deals with the usual structure of such policies. It is also of wider significance for contractual disputes generally.   The judgment can be found here: https://rb.gy/g92tb8 Ben Quiney KC and Caroline McColgan of Crown Office Chambers were instructed by Kirsty Hick and Amanda Fosu of DAC Beachcroft for the successful insurers.

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*The Damages Claims Portal* (DCP) - I have this week contacted HMCTS officials responsible for the DCP to plea that current issues around the inconsistencies between Practice Direction 51ZB and the user guidance/practical operation of the DCP are addressed. The 170th Practice Direction update extended early adopter court services to all county courts except Birmingham from 18/07/24, however it is clear from the experience of our legal teams that this is not yet operational. I note that the term 'Early Adopter Courts' appears in the definitions section of PD51ZB, but not anywhere else that I can find in the Practice Direction, and yet court orders and court emails we continue to receive continue to refer to instructions regarding Early Adopter Courts. PD51ZB at 7A.1 (2) states that a party wishing to make an application must use the DCP to make that application (“online application”), however again, the experience of our legal teams this week shows that this is not yet operational on the portal. All views expressed are made in a personal capacity. https://lnkd.in/ebZGbUXP #HMCTS #DCP #DamagesClaimsPortal

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The Judicial College Guidelines for the Assessment of General Damages are designed to ‘reflect the award of general damages currently being made by judges’ in the United Kingdom, to make the work of personal injury lawyers and judges easier, clearer and consistent. Connor Rolfe explains that these guidelines are used by our specialist Personal injury team at Moore Barlow in all types of personal injury claims, in order to provide accurate updates on any change to the compensation in a claim. Read more - https://hubs.ly/Q02x3mTL0 #PersonalInjury #JudicialCollegeGuidelines

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The review of the whiplash tariff, a key element of personal injury claims in the UK, has been completed but may not be published due to the upcoming general election. This leaves legal professionals and claimants in limbo. When will the review be made public? What impact might it have on future claims? Read more below https://lnkd.in/gmmS7tm2 #whiplash #personalinjury #legalnews

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The ACAS Code of Practice on fire and rehire, expected to come into effect in July 2024, aims to regulate the practice of dismissing employees in order to rehire them on less favourable terms. Read our latest article to learn more: https://lnkd.in/eW_gmDBh #ukemplaw #ukemploymentlaw #fireandrehire #ACAS #ACASfire&rehire #unfairdismissal

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New pilot in family law courts could change the handling of inflicted head and brain injury cases. Read our article exploring the changes and the potential concerns: https://lnkd.in/eabQhkJQ #NonAccidentialInjury #FamilyLaw #Legal #LegalPilot

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Can #injury #claims be resolved quickly and cost-effectively? In this article, Laura Edmunds discusses how proposals for a new system for lower value #clinicalnegligence claims could affect those looking to make a #medicalnegligence claim. You can learn more here https://buff.ly/4d9ppka #medicalinjury #solicitors #Cambridgeshire

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