17/02/23. In this book, Jake Rowley will provide a concise and practical consideration of the law and practice relating to ‘low velocity impact’ (or “LVI”) road traffic accidents. Amongst other topics, the book will consider what is meant by the term ‘LVI’; the tell-tale signs of a potential LVI claim; the key authorities setting out the the law in this area; the procedural steps which Defendants will likely need to take in order to advance allegations...
22/02/23. The Claimant in this case had discontinued on the morning of the trial, after being invited to consider his position in the light of i...
19/01/23. Benford v East and North Hertfordshire NHS Trust [2022] EWHC 3263 (KB) considered whether a trial should be adjourned on the assertion...
28/09/22. In Simpson v Payne, the Defendant/Respondent (Defendant) was successful before Her Honour Mrs Justice Collins Rice in having the Claim...
27/02/23. Re (Care Proceedings: Fact-Finding)[2023] EWCA Civ 38 considered the correct approach for parties to take in relation to draft judgments produced by the Court.
Backgroun...
01/02/23. Accident Date: 13/01/2020
Settlement Date: 09/08/2022
TOTAL GROSS SETTLEMENT: £17,887.00
Liability
The Claimant, aged 40, was involved in a road traffic accident.
The Claima...
12/01/23. Munira Pathan v Commissioner of Police of the Metropolis [2022] EWHC 3244 (KB)
The Claimant (and Appellant) was arrested by police officers and then detained at a police...
16/12/22. Smith v Backhouse [2022] EWHC 3011 (KB) considers whether the Court can refuse to accept undertakings which a party has agreed to provide to the Court as part of the se...
14/12/22. Atmani & Ors v Royal Borough of Kensington & Ors [2022] EWHC 2618 (KB) - The court considered the costs consequences of the decisions made in a CMC. The court o...
01/12/22. Case Name: G v C
Accident Date: 12/11/2020
Settlement Date: 26/04/2022
TOTAL GROSS SETTLEMENT: £6,000.00
Background and Liability
G was aged 54 at the time of her road traff...
25/11/22. After succeeding on the substantive personal injury claim, the Claimant sought indemnity costs against the Defendant. While the Judge accepted that the Defendant’s cond...
23/11/22. Achille v Lawn Tennis Association Ltd [2022] Ewca Civ 1407
Introduction
As Males LJ explained at [4], ‘CPR 44.15 allows a defendant to enforce a costs order made against a...
09/11/22. Case Name: W v L
Accident Date: 24/12/2018
Settlement Date: 20/07/2022
TOTAL GROSS SETTLEMENT: £35,000.00
Background and Liability
The Claimant, aged 51, was involved in a r...
20/10/22. Barrow (By His Litigation Friend and Grandfather Mr Hugh Barrow) & Ors v Merret and Anr [2022] EWCA Civ 1241. The Claimant unsuccessfully appealed the dismissal at ...
18/10/22. Mr Justice Bourne considered the application of QOCS protection to claimants who have brought ‘mixed’ claims i.e. a claim for both personal injury damages and other spe...
06/10/22. Case Name: S v M
Accident Date: 30/09/2020
Settlement Date: 28/04/2022
TOTAL GROSS SETTLEMENT: £6,675.00
Background and Liability
S, at the age of 39, was involved in a road...
20/09/22. A claim for damages for personal injuries had settled for £5,000 by a consent order (“the Order”). The Order provided that the Defendant would pay the Claimant “ such co...
16/09/22. Under section 1(1) of the State Immunity Act 1978, ‘[a] State is immune from the jurisdiction of the courts of the United Kingdom except as provided in the following pr...
15/09/22. The Court of Appeal considered the circumstances in which local authorities owe a duty of care to children to whom they provide child protection services. In so doing, ...
07/09/22. Case Name: B v X
Court Name: Nottingham County Court
Accident Date: 04/03/2017
Settlement Date: 11/02/2022
Total gross settlement: £110,000.00
Background and Inju...
14/07/22. In Woodger v Hallas ,[1] the Defendant appealed against the trial judge’s failure to dismiss the claim in its entirety following a finding that the Claimant had been fund...
17/06/22. The case concerned an appeal against the order of Recorder Bright QC dismissing a claim for personal injury suffered by Mr Hill (“the appellant”) in the course of his d...
14/06/22. In Lewis-Ranwell v G4S Health Services (UK) Ltd & Ors, the First, Third, and Fourth Defendants applied for an order striking out the claim against them on the g...
30/05/22. On 21st April 2022, before HHJ Lethem, helpful guidance was provided to assist County Courts commonly falling into error in refusing expenses to Litigation Friends who ...
24/02/23. The first instance Judge had erred in making a third-party costs order against the Claimant’s expert in a clinical negligence claim
Background
The Claimant had brought a ...
23/02/23. ‘ As a general rule, the quantification of damages for [pain, suffering, and loss of amenity, or PSLA] is governed by the common law ’: see [11] of Nicola Davies LJ’s judgm...
23/01/23. In Taylor v Raspin [2022] EWCA Civ 1613, the Court of Appeal gave guidance on reasonable driving and the adjudication of road traffic litigation.
As William Davis LJ sum...
17/01/23. Menzies v Oakwood Solicitors Limited [2022] EWHC 3199 (KB) considered the approach to a solicitor’s deduction under a conditional fee agreement (“CFA”). On the particul...
06/01/23.
Case Name: T v S
Accident Date: 08/08/2019
Settlement Date: 19/07/2022
TOTAL GROSS SETTLEMENT: £31,000.00
Background & Liability
The Claimant aged 25, was involved in a ...
19/12/22. In Cable v London Victoria Insurance Co Ltd [2020] EWCA Civ 1015, the Court of Appeal emphasised at [73] that ‘[h]aving established that there was an abuse of process, th...
15/12/22. Correia v Williams [2022] EWHC 2824 - The judgment set out the approach to be adopted in relation to the admission of witness statements for witnesses who do not ...
02/12/22. This is my last article on the new (16th Edition) of the Judicial College guidelines, following earlier articles on Work-related Limb Disorders and Noise Induced Hearin...
24/11/22. CPR Practice Direction 1A on the participation of vulnerable litigation in civil proceedings came into force in April 2021. The High Court (Master McCloud) considered t...
22/11/22. The Soldiers, Sailors, Airmen and Families Association – Forces Help v Allgemeines Krankenhaus Viersen GMBH [2022] UKSC 29
Introduction
The question in The Soldiers, Sailo...
02/11/22. Following my earlier article concerning Work-related Limb Disorders, this article concentrates on changes relevant for assessing damages for Noise Induced Hearing Loss ...
21/10/22. Riley v Salford Royal NHS Foundation Trust [2022] EWHC 2417 (KB) serves as a timely reminder to practitioners to ensure that they put all points to a witness in cross-e...
19/10/22. The Court of Appeal has recently given an extensive account of the appropriate functioning of the Protocol for Low Value Personal Injury Claims in Road Traffic Accidents...
07/10/22. Case Name: S v H
Accident Date: 30/01/2019
Settlement Date: 22/04/2022
TOTAL GROSS SETTLEMENT: £20,000.00
Background
The Claimant aged 65 at the time of the accident, sustai...
19/09/22. T he court rejected the Claimant’s arguments that the Defendant school was vicariously liable for torts committed against her by an 18-year-old who she met while he was...
22/08/22. In UCP plc v Nectrus Ltd [2022] EWCA Civ 949, the Court of Appeal addressed 'the circumstances in which judges should accede to an application to recuse themselves, and t...
19/08/22. The Court of Appeal has in ST v BAI (SA) [2022] EWCA Civ 1037 considered the approach to be taken to applications under CPR 7.6(2) for an extension of time in which to se...
18/08/22. The appeal raised the novel question of whether it is lawful for a party against whom a claim is made (i.e. the defendant to a claim or counterclaim) to enter into an a...
17/08/22. Provisional damages can be awarded where a claimant’s prognosis is uncertain. By way of a provisional damages order (‘PDO’), a claimant is effectively given the right t...
25/07/22. The recent publication of the 16th Edition of the Judicial College Guidelines for the Assessment of General Damages in Personal Injury Cases , has brought a number of cha...