Most personal injury claimants are no longer accepting awards by the Personal Injuries Assessment Board (PIAB) following the introduction of the Judicial Council’s new personal injury guidelines, new figures show.
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Pages tagged "Process"
Court of Appeal: Full rehearing in personal injuries case after ‘total non-engagement’ by trial judge with the evidence
The Court of Appeal has ordered a full rehearing of a personal injuries case after the court determined that the trial judge had failed to engage with essential aspects of the evidence.
Court of Appeal: Zurich Insurance fails to set aside third party notice in indemnity proceedings
The Court of Appeal has dismissed an appeal by Zurich Insurance plc seeking to set aside a third party notice in personal injury proceedings where cover was denied. It had been claimed by Zurich that the dispute regarding insurance cover was “entirely different” from the personal injuries proceedings and therefore the joinder application should have failed.
Onus of Proof: Seeking to dismiss a Plaintiff’s claim
Recent High Court judgment reiterates the onus of proof which a defendant must meet to successfully bring an application to dismiss a plaintiff’s personal injuries claim for providing evidence which is false or misleading
Should I accept a PIAB Assessment?
When an Assessment is made by PIAB, the question for you to decide is, should I accept the PIAB Assessment of my claim or not?
Are All Orders Created Equally?
Consent orders in personal injury cases are a common occurrence. A consent order is an order made by the Court in terms that have been agreed by the parties to the proceedings and which are submitted to the Court for approval.
Supreme Court: Solicitor Appeal Allowed in SDT
The Supreme Court has allowed an appeal brought by a solicitor who had been found guilty of misconduct by the Solicitors Disciplinary Tribunal.
GDPR Breach: Compensation Claims?
As the General Data Protection Regulation (GDPR), has passed its third anniversary, questions still remain as to the operation of the compensation mechanism and liability for damages.
PIAB Authorisation: What does it mean?
If PIAB don’t make a Personal Injury award or one is not accepted then a PIAB Authorisation is issued allowing you to take your case to court