Updates and Briefing Papers

Supreme Court Clarifies Causation and Damages in Japanese Knotweed Nuisance Claims

• FOIL

In a unanimous decision delivered on 10th May 2024, the UK Supreme Court has provided authoritative guidance on the recoverability of damages for diminution in property value caused by the encroachment of Japanese knotweed from neighbouring land.

Comprehensive Analysis of the Law Society 21st Century Justice Project Interim Report 2024

• FOIL

The Law Society's 21st Century Justice Project Interim Report 2024 provides a detailed and well-researched blueprint for the modernization of the UK's justice system.

Official Injury Claim and the Whiplash Reforms Roundtable Summary

• FOIL

This note offers a summary of the recent FOIL roundtable event discussing the whiplash reforms and the Official Injury Claim (OIC) Portal.

Practice Direction 51ZE – Small Claims Track Automatic Referral to Mediation Pilot Scheme

• FOIL

Department of Work and Pensions Circular

• FOIL

The Compensation Recovery Unit, on behalf of the Department of Health and Social Care (DHSC), currently administers the above scheme, which allows for the recovery of National Health Service (NHS) costs following injuries where people claim and receive personal injury compensation.

Personal Injury Litigation process Scottish Civil Justice Council Pre-action protocol

• FOIL Scotland

The Scottish Personal Injury Pre-Action Protocol was introduced on 28 November 2016 by the Act of Sederunt (Sheriff Court Rules Amendment) (Personal Injury Pre-Action Protocol) 2016.

MOJ extension of Fixed Recoverable Costs

• FOIL

Following the MOJ consultation in July last year on some of the details of the new extended FRC regime, the MOJ has published a response setting out changes and clarification to the rules. Most of the changes will take effect from 6 April, with two of the more significant reforms held over until October this year.

Hadley v Przybylo: Recoverability of Solicitors’ Costs for Case Management Meetings

• FOIL

In the recent judgement of Hadley v Przybylo [2024] EWCA Civ 250, the Court of Appeal deliberated on the recoverability of solicitors’ costs associated with attending rehabilitation case management meetings within the ambit of inter-partes costs.

Levelling the Playing Fields to Justice

• FOIL

In-Depth Analysis of the New English Law that Will Enhance Access to Justice Against Powerful Companies

Attorney General’s Guidelines on Disclosure 2024 in the UK

• FOIL

This detailed analysis aims to delve deeper into the nuances of these guidelines, dissecting key issues and drawing comprehensive conclusions on their implications for the legal landscape in the UK.

The Effect of COVID-19 and Challenges on UK Insurance

• FOIL

The outbreak of the COVID-19 pandemic in early 2020 sent shockwaves across the globe, disrupting industries and economies in unprecedented ways. Among the sectors significantly impacted was the insurance industry, particularly in the United Kingdom. This article delves into the effects of COVID-19 on the UK insurance landscape, the challenges it presented, and how insurers in England have adapted to these changes, paving the way for innovative solutions in the future.

Case Spotlight – Armstead v RSA

• FOIL

The case of Armstead v Royal and Sun Alliance Insurance Company Limited involved a dispute where Ms. Lorna Armstead hired a car from Helphire Limited and was involved in an accident caused by the negligent driving of a third party insured by Royal & Sun Alliance Insurance Company Ltd (RSA).