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09 December 2022 / Vijay Ganapathy
Issue: 8006 / Categories: Features , Personal injury , Costs , Damages , Military
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Personal injury: lessons from 2022

104000
Vijay Ganapathy considers key issues dealt with by the courts in headline personal injury cases this year
  • Determining whether the English courts had jurisdiction to hear a case involving an accident in Cyprus, based on the claimant’s residence.
  • Enforcing a costs order in a ‘mixed’ claim.
  • Increasing the options for bringing employers’ liability claims against dissolved defendants.

As we near the end of the year and head into 2023, one area that fills many practitioners with dread is the likely withdrawal in December next year of all EU regulations and directives implemented here as domestic law. While some may be assimilated back into UK legislation, the changes will be drastic.

Determining residence

It will be interesting to see, therefore, what impact—if any—past decisions have on future rulings. Recently, in Stait v Cosmos Insurance Ltd Cyprus [2022] EWCA Civ 1429, the Court of Appeal determined whether the English courts had jurisdiction to hear a case involving an accident in Cyprus in 2017. At the time,

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MOVERS & SHAKERS

Clarke Willmott—Matthew Roach

Clarke Willmott—Matthew Roach

Partner joins commercial property team in Taunton office

Farrer & Co—Richard Lane

Farrer & Co—Richard Lane

Londstanding London firm appoints new senior partner

Bird & Bird—Sue McLean

Bird & Bird—Sue McLean

Commercial team in London welcomes technology specialist as partner

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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