03/03/21. The law relating to claims for psychiatric injury is complex, varied, and hard to grapple with and can often appear labyrinthian. This is a practical guide for dealing with personal injury claims involving psychiatric injuries and is aimed to assist both the newcomer and the experienced practitioner alike.
As our understanding and acceptance of the nature of psychiatric injury has grown over the last two decades, so has the regularity of such claims appearing in practice as well as the varied ways in which they arise, be it a straightforward psychiatric reaction to injury or a complex stress at work claim.
This work breaks the topic down into practical and easily assimilable components to assist practitioners...
09/03/21. The Defendant sought an order striking out the Claimant’s libel claim pursuant to CPR 3.4(2)(c). the libel claim ar...
05/03/21. Does the non-payment of a court fee mean time continues to run for limitation purposes in respect of a new claim wi...
08/02/21. Dishonest claims and dishonest claimants (or at least allegedly dishonest claims and claimants) are by no means a nov...
16/07/21 UPDATE:
Well, can we say our COVID-19 hibernation is nearing an end? I hope so and I hope you agree. Despite recent ...
26/04/22. Mr Bahia was born in India, but had lived in the UK for over 50 years. As at the date of the trial, he was 72 years old. Mr Bahia provided two witness statements, in th...
21/04/22. In Melloy v UK Insurance Ltd (Portsmouth County Court, Case Number 011LR422, 25 February 2022) an issue arose at the conclusion of the trial as to whether two claimants i...
24/03/22. In Gul v McDunagh ,[1] the appellant, then aged 13, had been struck by a car being driven by the First Defendant. He sustained very serious injuries. The question of cont...
22/03/22. The substantive claim was brought by a victim of convicted football coach Bob Higgins, who perpetrated a campaign of abuse against boys at the Southampton academy in th...
04/03/22. I have been asked by a number of people if I can cover some of the cases which are frequently seen in Industrial Disease cases. This Article is the first such ‘essentia...
02/03/22. These two significant judgments are both of considerable assistance to those defending ‘failure to remove’ claims against local authorities.
Negligence Claims: the Tinda...
21/02/22. This High Court appeal decision confirmed that the “draconian reading” of 8BPD6 in Mason v Laing was incorrect and unwarranted. The sanction for simultaneous rather than ...
17/02/22. In O’Grady v B15 Group Ltd , [1] by way of background, the Claimant's husband had been killed following a collision with a lorry, driven by an employee of the Defendant. Pr...
26/01/22. The cases of Paul v The Royal Wolverhampton NHS Trust (“ Paul ”); Polmear v The Cornwall Hospital NHS Trust (“ Polmear ”); and, Purchase v Ahmed (“ Purchase ”) were heard as conjoi...
24/01/22. In Brown v Fisk [2021] EWHC (QB) 2769, Master Dagnall gave judgment on an application for reverse summary judgment brought by the Second Defendant. The Claimant had broug...
21/01/22. In Martini v Royal Sun Alliance Insurance Plc [2022] EWHC 33 (QB), the High Court was required to consider claims in negligence arising from a series of motor vehicle col...
23/12/21. In Campbell v Advantage Insurance Company Ltd [2021] EWCA Civ 1698, the Court of Appeal considered whether a claimant could rely on his own intoxication, and consequenti...
21/12/21. This landmark ruling has been a source of great concern for medical practitioners because it means they can now be found liable for negligent pre-conception advice res...
17/12/21. Motorcyclists are generally more at risk on the roads than a person travelling a car, van or lorry. They are more exposed on the open road.
Cars have airbags which are ...
29/11/21. This was an application made on behalf of the claimants for orders in relation principally to disclosure against the defendant. The claim was brought against the manufa...
25/11/21. In Golizardeh v Sarfraz , the defendant appealed against an order giving judgment for the claimant in the sum of £200,000, plus interest. The appeal was brought under CPR...
11/11/21. The trickle of court decisions seeking to apply the decision of the Supreme Court in N v Poole BC [2019] UKSC 25, [2020] AC 780 continues. On November 8th 2021, Stacey J h...
21/10/21. The judgment in Elgamal v Westminster City Council is likely to be of interest to practitioners for its discussion of the interpretation and application of the law relati...
The case concerned the trial of a preliminary issue to determine whether a 9-year-old Claimant was contributorily negligent, and if so, the level of any consequent apportionment...
Fixed costs in personal injury do not always provide the clarity that may be hoped for. Even if your case is a straightforward one, this book will ensure you correctly calculate...
25/04/22. The judgment of Mrs Justice Hill in this case deals with a number of interesting issues. This article focuses on pleading and proving mitigation of loss.
The claimant, M...
20/04/22. In Jenkinson v Robertson ,[1] the Claimant appealed against a finding of fundamentally dishonest that had resulted in his claim being dismissed in its entirety pursuant t...
11/04/22. The standard expected of a reasonable and prudent employer in employer liability cases is frequently the subject of both legal and factual dispute. In industrial diseas...
25/03/22. In Miah v Ullah ,[1] the High Court considered whether to grant the Defendant relief under CPR 39.5 for failing to attend a disposal hearing. The Claimant had applied for...
23/03/22. The applicant in the case, Allianz Insurance plc, was the prospective defendant in a claim for losses which included the cost of a hire car. The application sought pre...
18/03/22. A novel and interesting point in relation to Part 20 claims. I acted on behalf of the 2 nd Defendant in this matter.
In Bailey (C) -v- Barclays Bank UK PLC (D1) and London...
22/02/22. Case Name: H v P
Accident Date: 31/10/2019
Settlement Date: 16/07/2021
Total Gross Settlement: £500,000.00
Background: RTA
On 31 October 2019 the Claimant (aged 50) had bee...
18/02/22. In this case, Mr Nicholas Thompsell (sitting as a Deputy Judge of the High Court) considered the appropriate response where several excerpts of a witness statement did ...
16/02/22. Practitioners may find the appeal judgment of Cojanu v Essex Partnership University NHS Trust [1] of interest for its consideration of fundamental dishonesty . In Cojanu , a c...
27/01/22. The Claimant brought a claim for damages under the Fatal Accidents Act 1976 in respect of her husband who was killed in a road traffic accident. On 20 April 2020 the De...
10/01/22. ‘A Practical Guide to Periodical Payment Orders in Personal Injury Cases in Scotland’ is geared towards practitioners in Scotland who deal with personal injury cases in...
24/12/21. In McKeown v Langer [2021] EWCA Civ 1792, the Court of Appeal considered the following issues (at [1]): “where there are split issues (such as liability preceding quantum...
22/12/21/ In refusing the Defendant’s application for permission to resile from an admission, Master Stevens sets out a helpful and detailed overview of the relevant Civil Proce...
30/11/21. Fixed recoverable costs were first introduced in 2010. It was said to be a procedure that would make costs in lower value claims simpler and easier to deal with. Back t...
26/11/21. This appeal considered whether Qualified One Way Costs Shifting (‘QOCS’) could in any way constrain a defendant’s liberty to seek, or the court’s discretionary power to...
24/11/21. In Elgamal v Westminster City Council , the Defendant appealed a judgment following trial to pay the Claimant £125,321.33 in damages for personal injury. The central issu...
25/10/21. This is another case where the court (and parties) have had to consider findings of fact in relation to historic events, in this case with respect to a fatal mesothelio...
20/10/21. The appeal in West v Burton concerned the fixed costs and disbursements payable under the Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Acciden...
18/10/21. The Defendant was successful in amending his defence to plead a positive case of fundamental dishonesty, as it was both sensible and in keeping with the overriding obje...
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A consortium usually refers to the group of two or more individuals, companies, or governments which work to...