30/06/23. The Divisional Court considered whether 3,450 claims issued on a single claim form were permitted to proceed.
Proceedings were commenced against the Ministry of Defence (the “ MoD ”) on behalf of 3,559 individuals. The claim form stated that the claim was brought on behalf of David Abbott, whose name and address were given on the first page of the claim form, and 3,558 others, whose names and addresses were set out in a schedule attached to and ...
27/06/23. As explained at [1] and [3]–[6], the Judicial Committee of the Privy Council has a ‘ practice of declining to hear appeals which [are] in...
29/05/23. Mr Shazad staged a car accident on 25 th November 2015. The other driver said at the beginning ‘ I thought the accident was suspicious st...
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’...
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...
25/08/23. In this case, the Appellant had asserted at trial that he had suffered various injuries in a road traffic accident, including an alleged injury to his head causing swel...
23/08/23. Mr Justice Richie addressed two matters of importance. First, how the court should assess whether a combined Part 36 offer has been beaten. Second, whether an appeal po...
31/07/23. In this case, the Court of Appeal analysed s 70 of the Solicitors Act 1974.
As explained at [1], s 70 ‘ entitles a client to apply to the court for an assessment of a sol...
30/07/23. Judges are often asked to consider the honesty of a witness when giving evidence. Mr Justice Richards considered the question in the context of an action by a corporate...
04/07/23. In 2021, the Ministry of Justice brought in reforms that increased the small-claims limit for road traffic accidents from £1,000 to £5,000, implemented fixed damages fo...
29/06/23. The Court of Appeal considered an application for a declaration that would have “future-proofed” the Claimant’s costs liability where he was late to accept the defendant’...
07/06/23. The Court of Appeal considered an appeal against a decision that an unsuccessful party pay the costs involved in applications in relation to a non-party.
The Claimant wa...
28/06/23. At a summit in May, the Council of Europe announced the establishment of a Register of Damage Caused by the Aggression of the Russian Federation Against Ukraine.
Accordi...
31/05/23. As set out at [1]–[11], there has been a divergence of practice in the County Court on whether prospective defendants in credit hire cases who apply for pre-action disc...
08/05/23. The legal profession is often viewed as being exclusively for the ‘elite’. To be fair, there has been a lot of snobbery around the law—both real and perceived—and it is...
24/04/23. The fear of accidentally breaching an embargo on the disclosure of a draft judgment rests with all practitioners. Some comfort can be taken from the Court of Appeal’s d...
15/04/23. On this appeal, the Court of Appeal addressed ‘ whether a summary assessment must be undertaken by the judge making the order for summary assessment ’: see [1].
Summary
15/03/23. In Aruchanga v Secretary of State for the Home Department [2023] EWHC 282 (KB) the Claimant sought damages for breach of a common law duty of care by the Defendant for ...
14/03/23. PME v The Scout Association [2023] EWHC 158 (Senior Courts Costs Office) considered an application for a non-party costs order (“ NCPO ”) against a claimant’s solicitors,...
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...
24/08/23. This claim arose out of an incident in which the Claimant had been tasered by the police and had fallen and hit his head. The Claimant had brought a claim for assault, ...
22/08/23. The appeal related to a case management order (CMO) made by Master Thornett at the RCJ in March 2023. The Master was critical of the pleadings and the Claimant’s Part 1...
02/08/23. The HSE has identified silica as the greatest risk to construction workers after asbestos. Despite not only the risks of respiratory crystalline silica being well known...
31/07/23. As Sir Geoffrey Vos MR—with whom Nicola Davies LJ agreed and Birss LJ agreed in a short concurring judgment—explained at [1], ‘[t] his case highlight [ed] a controversial ...
30/07/23. The fixed costs regime pursuant to CPR r.45 is very familiar territory to personal injury practitioners. In Santiago v Motor Insurers’ Bureau [2023] EWCA Civ 838, the Cou...
06/06/23. A judgment handed down by Ritchie J reminds practitioners about the appropriate role of skeleton arguments in proceedings.
The Appellant had been granted permission to a...
30/05/23. In this case, Andrew Baker J addressed whether Webb v Barclays Bank PLC and Portsmouth Hospitals NHS Trust [2002] PIQR P8 ‘ establishe [d] as a rule of law that medical trea...
23/04/23. Eyre J considered whether or not a former soldier had been fundamentally dishonest in his personal injury claim in light of surveillance footage.
Background
The claimant ...
16/04/23. CPR 27.9 governs ‘[n] on-attendance of parties at a final hearing ’ on the small claims track. The question for the Court of Appeal in this case was what CPR 27.9 means b...
03/04/23. In 2021, the Ministry of Justice brought in reforms that increased the small-claims limit for road traffic accidents from £1,000 to £5,000, implemented fixed damages f...
02/03/23. In recent years, it has become increasingly common for consumers to travel abroad for cosmetic surgical and dental procedures. Consumers may be enticed to go abroad fro...
22/03/23. In Deutsche Bank AG v Sebastian Holdings Ltd [2023] EWCA Civ 191, the Court of Appeal addressed what Andrews LJ described at [127] of her concurring judgment as ‘ the topi...
16/03/23. GKE V BRETT NIGEL TRAVERS GUNNING [2023] EWHC 332 (KB).
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...
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 that the assessment of future los...
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...