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11 March 2010 / Christopher Sharp KC
Issue: 7408 / Categories: Features , Personal injury
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Not so catastrophic?

Christopher Sharp QC reports on Cobham Hire Services Ltd v Eeles: a year on

Part 25 of the Civil Procedure Rules (CPR) makes provision for interim payments. This provision is frequently employed in personal injury claims, especially in claims for substantial damages arising out of catastrophic injuries, where immediate funding is required ahead of the final quantification of the claim for adapted housing, equipment, or expensive care regimes.

Frequently such provision is in the interests of both parties as early rehabilitation and the provision of appropriate housing, therapy and support will have a beneficial effect on the claimant’s recovery and may reduce the long-term cost of care. This is the principle which underlies the Rehabilitation Code and it makes sense for insurers and for claimants alike.
However, by virtue of the Damages Act 1996 s 2, a court awarding damages for future pecuniary loss in respect of personal injury, not only “may order that the damages are wholly or partly to take the form of periodical payment” but also “shall consider whether to make

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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