Clyde & Co | Casualty

In our latest podcast, Chris Eccles and Dr. Jan Gawronski delve into the advancements in spinal injury treatment and research.

The recent government announcement that the assault of a shop worker is to be made a separate criminal offence in England & Wales is an encouraging development but also means that retailers will also need to review their approach to health & safety.

In this podcast, Helen Kanczes and Emma Eccles from the Clyde & Co Brain Injury Subject Matter Group are joined by Becky Simpson, Head of Neurology and Acquired Brain Injury Services at Enable Therapy Services to discuss early case management intervention in brain injury cases from an insurer’s perspective.In summary, this Podcast will explore whether insurers should be making the most out of early case management in brain injury cases and what steps can be taken to control costs and maximise outcomes.Our thanks to Enable Therapy Services for their contribution to this Podcast

This podcast takes stock on activity and developments around the Personal Injury Discount Rate (PIDR), the expected Judicial College Guideline (JCG) increases, Official Injury Claims Portal (OICP) and Fixed Recoverable Costs (FRCs) in 2023 and what we may see in 2024.In this episode, Chris Murray, a Partner in our catastrophic injury and large loss team is joined by Alistair Kinley, Director of Policy & Government Affairs at Clyde & Co to discuss a range of activity around important developments that will likely impact claims in 2024.

The podcast delves into the world of exoskeletons, discussing the distinctiveness of specific devices, their typical appropriateness, success factors, and what lies ahead in this field.In this podcast, Alex Payne, a legal director in the catastrophic Injury and large loss team and a member of Clyde & Co's spinal injury subject matter group, is joined by:• Matt White, a neurorehabilition and technology specialist physiotherapist at Physio Function.

Martin McElhatton OBE, Chief Executive of WheelPower and Kate Duffy, partner, explore the growth in the paralympic movement and the benefits of sports to people with spinal injuries.In this episode, Martin and Kate will be exploring the history of WheelPower and Stoke Mandeville (the birthplace of the paralympic movement), the growth in the paralympic movement, the benefits of sports to people with spinal injuries and what the future may hold for wheelchair sports. We will also hear from Martin about his own journey to this point, as Chief Executive of WheelPower.

In this episode Andrew Tolmie and Kirsty Yuill, Partners in our Scotland offices discuss issues that might commonly arise in care claims in large loss cases in Scotland.

In this episode, Andrew Tolmie and Greg MacDougall alert you to a significant difference between Scotland and England on the issue of jurisdiction in cross-border claims, and discuss that difference and what it means for Scottish claimants.

Richard Whitehall KC, Barrister at Deans Court and member of PIBA joins Stuart Hardy, Partner and subject matter lead of our Actuarial group to discuss the recent activity around the Personal Injury Discount Rate in England & Wales.This episode discusses the ongoing activity around PIDR in England & Wales with a focus on the MoJ's call for evidence which concluded earlier in the year. As one of the joint authors for the Personal Injury Bar Association's response, Counsel provides insight into the Bar's view, practical issues and his prediction for the personal injury discount rate in England & Wales.

Today’s economic and legal climate has created a perfect breeding ground for fraudulent claims. Whenever there’s a challenging economic environment, there’s inevitably a spike in the cost of fraud, as we saw back in 2008 when there was a rise of 17% in the incidence of fraudulent claims.As we emerge from the Covid-19 pandemic into a cost-of-living-crisis and with inflation biting for us all, it’s to be expected that more people are tempted to make false or exaggerated claims or are more frequently being persuaded into doing so by claims management companies and other lead generators. In today’s more connected world, the issue of data theft is very prevalent, making it easier for unscrupulous actors to target vulnerable individuals they believe can be encouraged to make claims, for instance due to their previous claims history.

Alistair Kinley, Director of Policy & Government Affairs is joined by Andrew Constable, Partner in Scotland and Patrick Connolly, Partner in Northern Ireland to discuss the recent developments around the Personal Injury Discount Rate.

When it comes to exploring the extent and impact of claims inflation in the motor market, perhaps the most significant area of focus is claims arising from bodily injury, which appear to have had a greater impact in this market since June 2021 than on other casualty lines.

Our experts, Tim Horlock KC of Deans Court Chambers and Alex Payne of Clyde & Co’s actuarial subject matter group address the nuts and bolts of periodical payment orders (PPOs), the background to these and when these are appropriate.This podcast assumes a certain level of familiarity with PPOs (which are when all or part of damages for future loss are awarded in the form of a series of annual payments continuing until the death of the claimant), indexation of awards, and with statutory funding of care and related services. This podcast was recorded earlier this year.

Damages in Employers' and Public Liability (EL/PL) claims are on an upward spiral, pushing up costs as a consequence.Rising inflation means that the Judicial College guidelines for lower value general damages claims for pain, suffering and loss of amenity are quickly out of date and claimant solicitors are looking for higher damages.We are starting to see the impact of inflation through settlements reported in the Ministry of Justice (MoJ) claims portal for claims under £25,000. After a period of continuity, from autumn 2022 there has been a relatively sharp increase in the average value of general damages paid, as can be seen in the graph below.

A perfect storm of issues is driving the cost of credit hire claims to increase exponentially in relation to non-fault claims.Vehicles have become more sophisticated, making them more expensive and time-consuming to repair. Society has moved from a repair to a replace mentality. Supply and cost of parts have been impacted by Brexit, Covid-19, the Ukraine war, the cost of living crisis and the energy crisis. Pandemic lockdowns and the subsequent shift towards working from home have reduced the number of cars on the roads, and therefore there have been fewer accidents. This has dented credit hire companies’ revenues and put them under pressure to find ways to revitalise their income streams.

The impact of claims inflation is particularly acute in the Catastrophic Injury and Large Loss arena. Even relatively small movements in inflation, salaries, goods and services can bring large outputs in damages when a compensation package is required to meet a claimant's needs for the remainder of their life.The last 12 months has seen increasing inflation coupled with a worsening economic outlook. Salaries have risen in response to the cost-of-living crisis, industrial action, and increased competition from employee shortages brought about the day by the 'Great Resignation'. Supply chain issues due to Brexit, the Suez Canal blockage and war in Ukraine have caused increase in cost of goods and materials.

In this podcast, members of our brain injury subject matter group Emma Eccles and Helen Kanczes from the catastrophic injury team are joined by neurologist Dr Dougall McCorry to discuss the research surrounding the possible link between traumatic brain injuries and early onset dementia. They also talk about the primary case law in this area, Mathieu v Aviva & Hinds, where a claim for provisional damages in relation to dementia was rejected on the basis that the Claimant could not show a sufficient causal link, on the balance of probabilities, between his TBI and any future risk of dementia.In summary, this podcast covers:How dementia is defined and diagnosed as well as its prevalence in the populationWhy the Claimant in Mathieu v Aviva & Hinds failed to satisfy the Willson test for awarding provisional damagesThe research that has been undertaken on the causative link between a TBI and dementia and why the lack of a definite relationship led to the decision of Hill J in MathieuOur advice for our insured and insurer clients when faced with a claim for provisional damages for early onset dementia

Welcome to our latest Casualty podcast, where Alistair Kinley, Director of Policy & Government Affairs, Andrew Hibbert and Chris Murray, both Catastrophic Injury & Large Loss Partners, discuss the MoJ’s imminent ‘call for evidence’, responses to which will inform the 2024 review of the Personal Injury Discount Rate.The personal injury discount rate (PIDR) is a key factor in valuing catastrophic and large loss injury claims. In 2019, a single statutory PIDR was set in England & Wales and a formal review must begin by mid-2024 (separate reviews in Scotland and Northern Ireland will follow very similar time frames).In the meantime, and in preparation for that review, the Ministry of Justice (MoJ) is refining a ‘call for evidence’ in order to gather further views about the possibility of adopting dual or multiple rates. The window for responding to the MoJ will open in the New Year and is likely to run for 10-12 weeks.In this podcast, we:• Summarise our understanding of the reasons for, and timing of, the imminent call for evidence• Outline the principal options for dual or multiple rate models• Examine the pros and cons of the different models• Consider the potentially significant practical implications for handling claims, and• Discuss how the submissions to the call for evidence might feed into the 2024 review of the PIDR

In this episode in house barrister Mary Edis and Legal Director Paul Smith discuss issues of vicarious liability in these two cases involving an employee carrying out an unauthorised act which causes injury in the workplace.

In this episode in house barrister Mary Edis and Legal Director Alison Tyler discuss issues around risk assessment and causation in a case involving a teacher assaulted by a pupil, and two cases about risk assessment of outdoor activities.