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New Appeals Clarify Interplay Between Collateral Benefits and Damages Awards in MVA Claims
  • Borden Ladner Gervais LLP
  • Canada
  • December 7 2018

On December 4, 2018, the Ontario Court of Appeal released its reasons for decision in the companion appeals Carroll v. McEwen (Carroll) and Cadieux v

Personal Responsibility and Common Sense In Personal Injuries Claims
  • Mason Hayes & Curran
  • Ireland
  • November 30 2018

The recent High Court judgment in O’Mahoney v McCarthy Hanlon & Waterford and Wexford Education and Training Board (the Board), which was heard by Mr

Abusing the purpose of the Rehabilitation Code
  • Anthony Gold
  • United Kingdom
  • November 29 2018

The Rehabilitation Code has been part of the personal injury landscape since 2007 when the first Code was introduced, with the most recent overhaul in

Portal claims and contributory negligence: can the argument be raised if the claim's value increases?
  • DAC Beachcroft
  • United Kingdom
  • November 27 2018

Where liability is admitted in a claim commenced within the Pre-Action Protocols for Low Value Personal Injury Claims, and the claim then exits the

Het belanghebbendebegrip als toegangsvraagstuk: Conclusie raadsheer A-G over ‘afgeleid belang’
  • Stibbe
  • Netherlands
  • November 23 2018

In zijn conclusie van 7 November 2018 formuleert raadsheer advocaat-generaal Widdershoven vijf vuistregels die richtinggevend zouden moeten zijn bij

Mark v Universal Coatings & Services: Imperative importance of particulars of claim in medical cases
  • Clyde & Co LLP
  • United Kingdom
  • November 23 2018

PD 16 para 4.1 provides that, in relation to personal injury claims, the claimant must attach to hisher particulars of claim a schedule of loss and a

Party’s Over: Duty of Care of Social Hosts Hinges on Fact-Specific Determinations of Foreseeability and Proximity
  • Borden Ladner Gervais LLP
  • Canada
  • November 20 2018

In the recent decision of Williams v. Richard, 2018 ONCA 889, the Ontario Court of Appeal reviewed the case law on social host liability in Ontario

Counterclaiming for personal injuries? QOCS protection: the Sequel
  • DAC Beachcroft
  • United Kingdom
  • November 20 2018

In Ketchion v McEwan, HHJ Freedman decided that a Defendant in an RTA claim who counterclaims for personal injuries is entitled to QOCS protection in

Insurer’s reduction of income protection benefits not a capital idea
  • Barry.Nilsson. Lawyers
  • Australia
  • November 20 2018

The plaintiff held an income protection policy with the defendant. In September 2014, the defendant accepted the Plaintiff’s claim for Total

UAS: Drones Are Airplanes: Check Your Insurance Policy!
  • LeClairRyan
  • USA
  • November 14 2018

Virtually every businessperson knows that he or she needs insurance to protect their enterprise. Most are even aware that insurance is not “one