by Saqib Khan | Sep 18, 2024 | Litigation, Personal injury
Introduction: In a recent landmark decision, the Supreme Court delivered a judgment with far-reaching implications for thousands of personal injury claims across the UK. The case of Hassam and another v Rabot and another [2024] UKSC 11 has provided clarity on the assessment of damages for pain, suffering, and loss of amenity (PSLA) in instances where both whiplash injuries (WLI) and non-whiplash injuries (NWI) are sustained in a road traffic accident.
Background: The Civil Liability Act 2018 introduced significant reforms to the compensation process for WLI caused by negligent driving. Under these reforms, the amount awarded for PSLA related to WLI was fixed at a tariff amount, which differs only based on the duration of the WLI and is notably lower than traditional common law damages.
In the cases of Mr. Rabot and Mr. Briggs, both claimants suffered from WLIs and NWIs in separate car accidents. The District Judge initially assessed damages for PSLA caused by both types of injuries, leading to appeals and cross-appeals regarding the appropriate method of calculating compensation.
Judgment: The Supreme Court unanimously dismissed the appeals and cross-appeals, affirming the approach adopted by the majority of the Court of Appeal. Lord Burrows, delivering the judgment, outlined the correct method for assessing damages for PSLA concurrently caused by WLIs and NWIs.
Reasoning: The Court rejected the “first approach,” which sought to limit PSLA damages to exclusively NWIs, as it would require unrealistic precision from claimants and could result in lower compensation for both types of injuries. Similarly, the “second approach,” which ignored overlapping PSLA, was deemed inadequate as it would lead to overcompensation.
Instead, the Court endorsed the “third approach,” which involves assessing the tariff amount for WLIs and common law damages for NWIs separately, adding them together, and making adjustments to avoid over- or under-compensation.
Conclusion: The decision in Hassam v Rabot provides clarity on the assessment of damages for PSLA in cases involving both WLIs and NWIs. By affirming the third approach, the Supreme Court has upheld the principles of fairness and consistency in compensation awards while respecting the legislative intent behind the Civil Liability Act 2018.
This judgment serves as a crucial guide for legal practitioners, claimants, and defendants navigating personal injury claims involving mixed injuries. It underscores the importance of a balanced approach to compensation that considers the unique circumstances of each case while ensuring fair redress for the injured parties.
by Saqib Khan | Jul 16, 2024 | Employment law, Litigation, People, Personal injury
In the intricate web of legalities, there are often scenarios that challenge the boundaries of personal rights and responsibilities. One such complex yet pertinent issue is trespass to the person, particularly in cases where an employee faces physical harm at the hands of their employer’s family member. In this blog post, we delve into the legal intricacies surrounding such incidents, shedding light on the rights of the aggrieved party and the potential legal recourse available.
Imagine this scenario: a dedicated servant diligently performs their duties within the confines of their employer’s residence, only to face a violent altercation initiated by the employer’s son. Such situations not only raise concerns about workplace safety but also prompt legal questions regarding liability and accountability.
Trespass to the person, a fundamental concept in tort law, encompasses a range of wrongful acts that directly infringe upon an individual’s physical integrity. These acts can include assault, battery, false imprisonment, and intentional infliction of emotional distress. In the context of the scenario described, the assault perpetrated by the employer’s son against the servant constitutes a clear instance of trespass to the person.
The legal ramifications of such an act are multifaceted. Firstly, it’s essential to establish the liability of the employer for the actions of their son. Under the principle of vicarious liability, employers can be held responsible for torts committed by their employees in the course of their employment. However, extending this liability to cover actions committed by family members of the employer requires careful examination of the specific circumstances and the nature of the relationship between the employer and the perpetrator.
Moreover, the severity of the assault and its impact on the victim are crucial factors in determining the legal consequences. In cases of physical harm, the victim may be entitled to compensation for medical expenses, loss of earnings, pain, and suffering. Additionally, punitive damages may be awarded to deter similar conduct in the future and to symbolize societal condemnation of the wrongful act.
From a legal standpoint, victims of trespass to the person have the right to seek justice through civil litigation. By initiating legal proceedings against the responsible parties, they can assert their rights and hold wrongdoers accountable for their actions. Furthermore, pursuing legal action sends a powerful message about the importance of upholding the principles of justice and fairness in society.
At KhanMather, we understand the complexities involved in trespass to the person cases and are committed to providing comprehensive legal assistance to victims seeking redress. Our team of experienced solicitors specializes in tort law and is dedicated to advocating for the rights of individuals who have been wronged. If you or someone you know has been a victim of assault or battery, don’t hesitate to contact us for expert guidance and support.
In conclusion, incidents of trespass to the person, such as the one described in the scenario, underscore the significance of safeguarding individual rights and holding perpetrators accountable for their actions. By navigating the legal landscape with diligence and expertise, victims can pursue justice and ensure that their voices are heard. At KhanMather, we stand ready to offer our unwavering support to those in need, upholding the principles of justice and fairness every step of the way.
by Saqib Khan | Apr 4, 2024 | Medical Negligence, Personal injury
Introduction
In the realm of medical negligence, time is of the essence. If you or a loved one has suffered harm due to medical malpractice, it’s crucial to be aware of the time limits associated with bringing a claim. In the United Kingdom, the legal landscape surrounding medical negligence claims is complex, and understanding the deadlines is paramount. This blog post aims to shed light on the time frames involved and guide you through the process of bringing a medical negligence claim.
The Limitation Act 1980
The Limitation Act 1980 sets out the general rule for the time limit within which a medical negligence claim must be brought. According to this statute, claimants generally have three years from the date of the incident or the date they became aware of the negligence to file a claim. This is known as the “date of knowledge” principle.
Date of Knowledge
The date of knowledge is a crucial concept in medical negligence cases. It refers to the date when the claimant first becomes aware that the injury or harm they suffered was a result of medical negligence. This might not be immediately apparent, as some conditions or complications may take time to manifest. In such cases, the three-year countdown starts from the date the claimant becomes aware or should have become aware of the negligence.
Exceptions to the Rule
While the three-year time limit is a general guideline, there are exceptions to this rule. In cases involving minors or individuals lacking mental capacity, the three-year clock may not start ticking until they reach the age of 18 or regain mental capacity. This ensures that those who are most vulnerable have a fair opportunity to bring a claim.
Extensions to the Time Limit
In certain situations, the court may exercise its discretion to extend the three-year time limit. However, these extensions are not guaranteed and are typically granted under exceptional circumstances. It is crucial to seek legal advice promptly if you believe you have a valid claim but have exceeded the three-year time frame.
Importance of Seeking Legal Advice Early
Given the complexities surrounding medical negligence claims and their associated time limits, it’s advisable to consult with a solicitor as soon as possible. Early legal advice can help assess the viability of your claim, gather relevant evidence, and initiate the claims process within the stipulated time frame.
Conclusion
Time is a critical factor when pursuing a medical negligence claim in the UK. Understanding the Limitation Act 1980, the date of knowledge principle, and the exceptions to the rule is essential for anyone considering legal action. Seeking legal advice early on is paramount, as it can make the difference between a valid claim and one that falls outside the prescribed time limits. If you believe you have been a victim of medical negligence, don’t hesitate to consult with a qualified solicitor who can guide you through the intricacies of the claims process.
by Saqib Khan | Mar 12, 2024 | General, Litigation, Personal injury
Introduction
In the ever-evolving world of corporate governance and financial reporting, the Financial Reporting Council (FRC) plays a pivotal role in ensuring transparency, accountability, and the integrity of financial information. The FRC sets standards and requirements that businesses in the UK must adhere to, but there are instances where exceptions can be made.
The Role of the FRC
The Financial Reporting Council, established in 1990, is the UK’s independent regulator responsible for promoting high-quality corporate governance and financial reporting. Its primary aim is to build trust in the corporate sector by upholding standards that ensure financial information is accurate, reliable, and useful to investors and the public.
Exceptions to FRC Requirements
While the FRC sets stringent requirements for financial reporting, there are circumstances where exceptions can be made. These exceptions typically fall into the following categories:
- Materiality: One of the fundamental principles in accounting and financial reporting is the concept of materiality. When a transaction, error, or omission is not considered material, it may not require strict adherence to FRC requirements. In such cases, businesses may exercise flexibility in presenting the information.
- Small Companies: The FRC recognizes that the financial reporting needs of smaller companies may differ significantly from those of large, complex entities. Small companies, as defined by the Companies Act 2006, may be exempt from certain FRC requirements, making the process more manageable for them.
- Micro-Entities: Micro-entities are a subset of small companies with specific criteria, such as low turnover and minimal assets. They are subject to reduced disclosure requirements, further reducing the regulatory burden.
- International Financial Reporting Standards (IFRS): In some cases, companies can apply International Financial Reporting Standards (IFRS) instead of UK Generally Accepted Accounting Principles (GAAP) when preparing their financial statements, subject to certain conditions. This allows for greater flexibility and alignment with international norms.
- Regulatory Changes and Adaptations: The FRC regularly reviews its standards to adapt to changing circumstances. During these reviews, it considers the impact on businesses and may provide transitional relief or exceptions to ease the transition into new regulations.
- Companies Act 2006 Exemptions: The Companies Act 2006 provides specific exemptions from certain FRC requirements for companies that meet the criteria. This includes exceptions related to the format of accounts, the audit requirement, and the need to file accounts with the Companies House.
Conclusion
While the Financial Reporting Council’s requirements are designed to maintain the highest standards of financial reporting and corporate governance in the UK, it is essential to recognize the need for exceptions. These exceptions ensure that businesses, especially smaller and less complex entities, can manage their financial reporting obligations effectively.
As a UK law firm, we understand the complexities of financial reporting and corporate governance. We work with our clients to ensure they meet their legal obligations while taking full advantage of any exceptions that apply to their unique circumstances. If you have questions or need guidance regarding FRC requirements and exceptions, do not hesitate to contact us on 0161 850 9911. We are here to help you navigate the intricate regulatory landscape and protect your interests.
by Saqib Khan | Jan 23, 2024 | Conveyancing, Data Protection, Debt recovery, General, Landlord and Tenant Law, Personal injury, Wills
As a leading UK law firm committed to transparency and clarity in our client relationships, we often find that legal terminology can seem like a maze. One such term that frequently arises in discussions about legal fees is “disbursements.” Let’s delve into this concept to shed light on what they are and why they matter in legal proceedings.
Defining Disbursements:
In legal parlance, disbursements refer to the expenses incurred by a law firm during the course of handling a case on behalf of a client. These costs are separate from the fees charged for the legal services provided. Disbursements can encompass a wide range of expenses, including but not limited to court fees, expert witness fees, travel expenses, postage, filing fees, and the costs of obtaining documents or reports necessary for the case.
Why Disbursements Matter:
Understanding disbursements is crucial for anyone seeking legal representation, as these expenses can significantly impact the overall cost of legal proceedings. While legal fees cover the professional services rendered by solicitors or lawyers, disbursements are the out-of-pocket expenses that the law firm pays on behalf of the client. These costs are then passed on to the client as part of the total expenses incurred during the case.
Types of Disbursements:
Disbursements can vary widely based on the nature of the legal matter. For instance, in litigation, they may include court fees, fees for obtaining expert opinions, or costs related to obtaining evidence or documents crucial to the case. In conveyancing matters, disbursements may involve land registry fees, search fees, or fees for obtaining property-related documents.
Transparency and Communication:
At our firm, transparency is at the core of our ethos. We believe in keeping our clients fully informed about the potential disbursements they might incur throughout their legal journey. Before commencing any work, we provide our clients with a clear breakdown of anticipated disbursements, ensuring they have a comprehensive understanding of the potential costs involved beyond our service fees.
Managing Disbursements:
Effectively managing disbursements is an integral part of our practice. We strive to optimize these costs by leveraging our network of resources and ensuring that expenses are reasonable and necessary for the successful handling of our clients’ cases. Additionally, we regularly update our clients on any changes in disbursement estimates to maintain transparency and avoid unexpected financial surprises.
Conclusion:
In the intricate landscape of legal proceedings, disbursements play a pivotal role in determining the overall cost of legal representation. Understanding these costs is essential for clients seeking legal services, as it allows for better financial planning and prevents any unforeseen expenses.
As a law firm, our commitment to transparency means that we prioritize clear communication regarding disbursements, ensuring that our clients have a comprehensive understanding of the expenses associated with their case. By managing disbursements efficiently, we aim to provide cost-effective legal solutions without compromising on the quality of service.
Navigating the legal terrain can be daunting, but with a clear understanding of disbursements and a reliable legal partner, clients can approach their legal matters with confidence, knowing they have a firm grasp on both the legal fees and associated expenses.
Should you have any further questions regarding disbursements or any other legal matters, don’t hesitate to reach out. Our team is dedicated to providing comprehensive guidance and support every step of the way.
by Saqib Khan | Jan 18, 2024 | Personal injury
At Khan Mather, our commitment to providing comprehensive legal solutions extends beyond mere representation. We strive to equip you with the knowledge and tools necessary to navigate the legal landscape confidently. Today, we shed light on a crucial aspect of legal proceedings that often remains in the shadows: After the Event (ATE) insurance.
In the realm of litigation, uncertainty is a constant companion. While pursuing legal action, there’s always the risk of incurring substantial costs, even in cases with favourable outcomes. ATE insurance serves as a shield against these potential financial burdens by providing cover for legal expenses.
So, what precisely is ATE insurance?
ATE insurance is a policy acquired after an event that gives rise to a potential legal claim. It is designed to protect litigants from the adverse costs they might face if their case is unsuccessful. In essence, it acts as a safety net, alleviating the financial strain associated with legal proceedings, including opponent costs and disbursements.
This insurance typically covers various expenses, such as court fees, expert witness costs, and the expenses of the opposing party in case your claim is unsuccessful. The policy premium is often contingent upon the case’s complexity, potential costs, and likelihood of success, making it a flexible and tailored solution for legal risk management.
Why is ATE insurance essential?
Primarily, it mitigates the risk of adverse costs. If a case doesn’t yield the desired outcome, the losing party might be liable for not only their expenses but also the opponent’s costs. ATE insurance steps in to cover these costs, providing invaluable financial protection and peace of mind.
Moreover, it enables access to justice by removing financial barriers that might otherwise dissuade individuals or businesses from pursuing meritorious claims. It empowers clients to seek legal recourse without the fear of exorbitant costs.
At Khan Mather, we prioritise transparency and client empowerment. Before embarking on any legal journey, we ensure that our clients understand the potential costs involved. ATE insurance is an integral part of this discussion, enabling our clients to make informed decisions regarding their legal strategies.
While ATE insurance serves as a vital safeguard, it’s important to note that its applicability varies based on the circumstances of each case. Our team of legal experts works closely with reputable insurance providers to tailor ATE policies that align with your specific needs and case details.
In conclusion, ATE insurance stands as a cornerstone of prudent litigation strategy, offering protection and financial security in the face of legal uncertainties. At Khan Mather, we’re dedicated to empowering our clients, and our commitment extends to ensuring that you comprehend and leverage the benefits of ATE insurance in your legal pursuits.
Should you have any queries or wish to explore ATE insurance further, our team remains at your disposal to provide comprehensive guidance and assistance.
Thank you for entrusting us with your legal matters.
