'LAW WATCH' VIDEO FOR SEPT/OCT: LATEST LAW

Enough sun. Catch up with legal developments in a relatively painless way with a click for my latest free video. Feast on

• saving on power of attorney registration fee
• earning £24 an hour as a litigant in person
• less info for the public at Companies House
• lower interest on personal injury special losses
• the sanctity of the financial dispute resolution appointment
• getting paid for caring for a relative
  

You can also download the factsheet here.  

VIDEO ON LATEST LAW NOW AVAILABLE

Do feast on the latest developments in civil and family law with my free video (after all, who would pay?)

This time we look at the new code of practice on firing and rehiring (ahead of the government outlawing it). How to get full legal aid under the 'exceptional funding' scheme and the latest application stats. The reduction in the Court Funds Office special account rate which impacts on the calculation of personal injury special losses interest. And the danger of remaining shtum when asked by an opponent to enter into out-of-court mediation. 

LATEST 'LAW WATCH' VIDEO: KEEP ABREAST OF NEW LAWS

 In this month's free video, I go through-

• The increases in court, tribunal and probate fees which bite as from 01 May 2024 - and what happened to the threatened divorce fee hike.
• Changes to debt relief orders next month (effective on 28 June 2024) - the panacea for the amateur debtor - which make it easier to qualify.
• Increases in personal injury damages following publication of new guidelines.
• Why judges' gowns are back at the Central Family Court.
• The new so-called compulsory mediation system for county court small claims cases which will lead to any party refusing to co-operate being sanctioned at the end of the case and having to lose or pay one-half of costs that would otherwise have applied - if not worse.
• And that Book!

Enjoy.

LATEST FREE 'LAW WATCH' VIDEO AT A CLICK

A click below will take you to an irreverent look at the latest law and legal developments. Judge Judy at the Central Criminal Court. Our new Lady Chief Justice. More interest for special losses. And how I extracted £50 compensation out of the Courts and Tribunal Service for probate delay and how to go about a compensation claim if your probate application was sat on like mine. 

And if you can't bear the look of my face, jut cover your screen with a blanket.

LAW WATCH - FROM STEPHEN GOLD

Will this law never stop? No. And just to prove it, here is another free video. This one is about why you may be claiming too little for personal injury damages, avoiding the 'fixed recoverable costs' regime for civil proceedings kicking off on 01 October 2023 (although note that the regime only applies to personal injury cases where the right of action accrues on or after 01 October 2023) and why the taxman's penalty may not be wholly or partly payable. Click below.

LATEST LAW ON FREE VIDEO

Interest on compensation for special losses in personal injury cases - up again!

The proposed legislation on private rentals in England. Should landlords get out?

New law to protect pregnant workers from being made redundant.

All by just clicking below.

VERY LATEST LAW ON VIDEO

It will just take you a click to keep up with what's happening in LawLand. Higher special damages interest in personal injury cases. Staying away on the hearing of small claims. And pre-nuptial agreements on marriage and civil partnership.

DISCOVER LATEST LAW ON VIDEO

 I'm back with a haircut and what's happening in the law which could affect - and benefit - YOU. Included are changes in during April 2023. 

It's free on video and won't hurt. Promise. Click below.

Personal Injury Claim? Don't settle yet!

Guidelines are periodically published for judges and anyone else interested on the levels of compensation which should be awarded for a multitude of personal injuries from loss of limbs to a whiplash. The levels go up with each set of guidelines and judges tend to reflect the latest figures in what they decide to award. It follows that insurance companies and others who have to pay out the compensation will reflect the guidelines in the amount they offer  as they know what the claimant will receive if there is no settlement and a judge in court decides. Here's a bit more to how it works at http://www.breakinglaw.co.uk/search/label/compensation%20for%20personal%20injury

And so, if you are on the verge of settling a claim or are a lawyer advising on a settlement, ensure that account is taken of the very very latest guidelines that have just been published in the 15th edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases.

Happy Settlements.

Big Personal Injury Claims: Why To Watch Out for New Damages Law

Any victim of an accident who has suffered serious injury and is making a claim against whoever was to blame would do well to keep an eye on the Civil Liability Bill and to government action which follows it being brought into law. The Bill to apply in England and Wales was introduced to the House of Lords this week. It will result in compensation awards being reduced and so it will be more beneficial to claimants to settle or have their claims tried by a judge under the current law rather than the expected new law. We are some way off  seeing the expected new law in action but serious personal injury claims can take a long time to be brought to a conclusion. Hence, the eye on the Bill.

This is what it is all about.  A serious injury can require long-term care and long-term medical expenses and treatments. Future losses. A claimant should be compensated for these by the insurers for the blameworthy defendant and this will be by a lump sum on top of compensation for pain and suffering and other losses. But this lump sum will be invested and only used as and when money is needed, perhaps over many years. The investment will earn interest for the claimant. The law already provides for the lump sum to be reduced by a percentage figure which reflects the likely interest that the investment will earn. It's called a discount rate and it is widely accepted that the discount rate being applied is over compensating claimants. It is too low and claimants are effectively making a profit to the displeasure of insurers and often the NHS where it is shelling out the cash.

What looks like happening under the new law is that the discount rate will reflect the interest likely to be generated from a low risk  diversified selection of investments instead of  a very low risk selection as now. Spot the difference. In practice, that will have a substantial impact on the discount. The new rate is intended to be reviewed 'promptly' after the law is on the statute book and to be reviewed at least every three years. It will apply across the board to all relevant cases.

As to whether the new law will bring down insurance premiums, don't hold your breath!

For much more on compensation of all kinds, keep both eyes on Breaking Law.

Personal Injury Compensation Up

Injured in an accident and making a claim? What's the claim worth in respect of your pain and suffering and what is called loss of amenities? You will get a good idea from a publication which judges and lawyers use to provide guideline figures. It's called Guidelines for the Assessment of General Damages in Personal Injury Cases (catchy title, eh?) and is published by Oxford University Press on behalf of the Judicial College. It's available to the public. A new edition has just been published with higher figures to reflect the fact that there has been a retail prices index increase of 4.8% in the two years since publication of the previous edition. Every case can be different and so no judge will be a slave to the guidelines: they will depart from them if the evidence justifies it but you will get a really good idea of the ball park figure you should be aiming for from this publication.

The government is threatening legislation to bring down the awards which courts can make in cases involving whiplash and minor psychological injures as from 1 October 2018. But there's no legislation yet and, at least for the time being, the much higher figures in the Guidelines will apply.

So, for example, for a minor neck or minor back injury, where you fully recover within three months, you are likely to be awarded between £2,050  and £2,150. For other general minor injuries with a three month recovery period, the range of damages is likely to between £1,200 and £2,150. What the guidelines do emphasise in these cases is that too casual an approach to the length of time before full recovery  has taken place should be avoided and that special regard should be had to the fact that recovery may not occur at an even pace. In some cases, the pain and suffering could be very intense for a few weeks and then only moderate, whereas in others it could be moderate for the whole period.

At long last, judges have been advised that in cases involving scarring, there should be no difference in their approach when dealing with a male rather than female. Previously, females have collected higher damages than males.

On top of the compensation I have been talking about you may be entitled to recover specific losses such as loss of earnings, damage to property, the cost of physiopherapy treatment and so on. 

It would be advisable for you to take in a solicitor to help you with a claim though you will not be able to obtain legal aid.  Most solicitors will operate on a 'no win, no fee' basis. In that situation, don't sign up for a high success fee where the claim is straightforward and there is to be no dispute about you being entitled to something. There's much more on this in my book Breaking Law (which I have previously mentioned one or twice).

And, remember, the new guidelines will apply to your claim whenever the accident occurred. If your compensation is being negotiated or decided by the court now then the new figures and not the old figures will apply.