Tag Archives: Claimants

CHANGES TO THE PRE-ACTION PROTOCOLS THAT WE KNOW ABOUT: LOW VALUE ROAD TRAFFIC ACCIDENTS

Important changes have been made to the Pre-Action Protocols which came into force yesterday. At the moment the whereabout of the the Protocols is a mystery in that they have not been published generally. However there are some changes to the Low Value Personal Injury Claims RTA Protocol. THE PRE-ACTION PROTOCOL FOR LOW VALUE PERSONAL […]

SERVICE OF THE CLAIM FORM: FURTHER TRAPS FOR THE UNWARY

The post on “Service Faultshttps://civillitigationbrief.wordpress.com/2013/07/01/service-faults-and-the-match-is-over/  pointed out one of the traps for the unwary in relation to service of the claim form.  However the decision in Bethell Construction –v- Deloitte & Touche [2010] EWHC (Judge Hodge Q.C.) highlights some other potential pitfalls.  It is worthy of close examination both by claimants serving proceedings and defendants […]

SUING THE “MAN OF STRAW”: IS THERE ANYTHING YOU CAN DO ABOUT THE IMPECUNIOUS AND UNINSURED DEFENDANT?

A perennial problem for litigators is the situation where a claimant has a good case but the Defendant is impecunious and uninsured.  In many (but not all) motor claims the Motor Insurers Bureau will provide a practical remedy. In all other cases, however, the case often comes to an end. IT IS ESSENTIAL THAT YOU […]

INTERIM PAYMENTS AND THE SERIOUSLY INJURED CLAIMANT: SOMEWHERE TO LIVE OR DOWN AT EELES?

Cases and principles relating to interim payments and accommodation in catastrophic injury cases. Prior to the decision in Cobham Hire Services –v- Eeles [2009] EWCA Civ 204 it was a relatively simple matter to obtain a substantial interim payment in a catastrophic injury case.  All that had to be show was that the payment sought […]