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21 October 2010 / Hh Judge Platt
Issue: 7438 / Categories: Features , Procedure & practice
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A Titanic struggle

HH Judge Platt reports on the latest twists in the RTA claims industry

Lawyers who deal with motor accident claim cases will be well aware of the Titanic struggle which has now been raging for years between the motor insurance industry and the providers of vehicles for hire on credit to those whose cars have been damaged in road traffic accidents. Indeed claims for credit hire now form a significant part of the workload of the judges dealing with Fast Track trials.

Ingenious defence lawyers have continued to run various lines of defence against these claims. Equally ingenious claimant’s lawyers have been arguing for hire charges which usually dwarf the modest claims for whiplash injuries and in turn are sometimes dwarfed by the claims for costs. Most of these arguments are fact specific but most have been bitterly contested with what appears to be little sense of proportion on both sides and a surprising lack of realistic Part 36 offers. But these cases also give rise to important issues of law on which the

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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