header-logo header-logo

25 February 2010 / Steven Lynch
Issue: 7406 / Categories: Features , Personal injury
printer mail-detail

Valuable tactics

Steven Lynch traces trends in personal injury disposal hearings

A defendant who fails to file an “acknowledgment of service” in response to a claim may have a default judgment entered against him. In such cases, and where liability of personal injury (PI) is not in dispute, costs of a defence are reduced and time in completing necessary quantum allocation questionnaires is saved.

Further, the court is given the opportunity to exercise its case management powers earlier as a “disposal” hearing will usually be listed within six to eight weeks from the date judgment was entered.

According to the Civil Procedure Rules (CPR), in PI claims the default judgment is “for an amount to be decided by the court and costs”.  Paragraph 12.4 of Practice Direction [PD] 26 states:
l The disposal hearing will not last longer than 30 minutes.
l Oral evidence is not usually heard.
l The court can either assess damages or give directions as to the future conduct of the proceedings.
l Evidence at a disposal hearing is by witness statement and statement of cases/application notices provided

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
back-to-top-scroll