Three noteworthy cases, which have previously been featured on this blog, are to be heard by the Supreme Court in the next few weeks. Each case is significant for either motor/casualty or property insurers. The Mitsui, Knauer and Versloot cases deal respectively with the matters set out in the title of this post. Continue reading
This week Health Minister Ben Gummer MP dealt with ten written questions from MPs about clinical negligence. His answers reconfirm the Government’s intention to introduce fixed recoverable costs (FRC) from 1 October 2016 for these cases. Public consultation about options and models should therefore be expected fairly soon and certainly before Easter if the October implementation date is to be met.
The 2015/16 edition of “Facts and Figures”, a collection of essential and invaluable reference materials which assist in calculating special damages claims, was published about a month before the latest Judicial College guidelines for the assessment of general damages. In contrast with the objective data and tables in the body of the text, the foreword, however, is far more subjective and highlights several matters which the editor judges, in very much his own view, as being potentially open to challenge or change. These include the applicable discount rate and the calculation of accommodation awards.