18/12/24. Date of judgment: 8 November 2024
FXS considered issues of costs where a claimant had not succeeded in establishing negligence at trial but was successful on other issues.
Background
FXS, the Claimant, was placed at the Mulberry Bush School, the Defendant. It was alleged that during his placement, the Defendant acted negligently by (amongst other things) restraining him frequently and with excessive force; inappropriately confining him to...
17/12/24. Date of judgment: 6 November 2024
Alton is an important decision for practitioners bringing and responding to claims arising from road...
16/12/24. Date of judgment: 6 November 2024
This appeal was unusual because it is a rare example of the Court of Appeal intervening to reverse ...
22/07/24. The recent decision of the Court of Appeal in Nicholls & Ors v. Mapfre [2024] EWCA Civ 718 provided the Court of Appeal with an oppo...
The right to compensation for injuries caused by another’s fault has been protected for over 3,700 years since The Code of Hammurabi. The exp...
24/01/25. Date of judgment: 4 December 2024.
Whilst Ali v HSF is a case arising in credit hire litigation, the Court of Appeal’s recent decision is of broader significance to injury...
22/01/25. CXC considers the use of intermediaries to assist vulnerable witnesses to give evidence in personal injury proceedings.
Background
On 16 September 2007, the Claimant (who...
22/11/24. Date of judgment: 23 October 2024
This significant costs judgment concerned when a client can apply to have their solicitor’s bill of costs assessed under section 70 of ...
19/11/24. Date of judgment: 24 October 2024
In BJB, In the Matter of [2024] EWCOP 59 (T2) the Court of Protection considered a seriously injured party’s application to be released f...
16/10/24. What are the duties of claimants’ lawyers once a defendant serves evidence of fundamental dishonesty? By continuing to act on a CFA to trial, do those lawyers expose th...
14/10/24. Date of judgment : 20 September 2024.
On 2 July 2018 Mr Wilson suffered life-threatening and life-changing injuries after being repeatedly and viciously stabbed by a fello...
18/09/24. The Ministry of Justice (‘MoJ’) has published its latest quarterly civil justice statics for April – June 2024.
These include a number of interesting points for persona...
13/09/24. Case: Claire Smyth v British Airways plc and Easyjet Airline Company Limited [2024] EWHC 2173 (KB)
Date of judgment: 2 September 2024
Smyth v British Airways is a nota...
22/08/24. Date of judgment: 1 August 2024
HHJ Paul Matthews sitting as a Deputy High Court Judge considered a number of consequential matters following a three week trial where th...
19/08/24. Date of judgment: 24 July 2024
Perfect for mid-summer reading, this case is about the much litigated question of whether a party was trying to have a second bite of the ...
25/07/24. Smith v Kirkegaard [2024] EWCA Civ 698
Date of Judgment: 21/06/2024
The history between the parties to this appeal dated back to January 2018 when Mr Smith published a tw...
24/07/24. This case deals with the valuation of damages under the latest Judicial Colleges Guidelines (JCGs) for complex post-traumatic stress disorder (C-PTSD) arising from hist...
23/07/24. Clarke v Poole [2024] EWHC 1509 (KB).
This case provides an important re-examination of the law governing a thorny case management issue. Can and should a Claimant...
25/06/24. Price v Marston’s PLC [2024] EWHC 1352 (KB)
A number of issues were raised in this appeal before Mr Justice Griffiths. Primary liability had been admitted by the Defenda...
21/06/24. Ward v Chief Constable of Greater Manchester Police: [2024] EWHC 1297 (KB)
This case offers some preliminary food for thought in respect of personal injury claims arisin...
17/05/24.
Northamber Plc v Genee World Ltd [2024] EWCA Civ 428
Date of Judgment: 01/05/2024
In this appeal, the underlying claim related to an alleged breach of an Exclusivity Agre...
15/05/24. April has come and gone and while the Lower Damages Clinical Negligence Claim (“LDFRC”) scheme has not been implemented as originally planned, there have been two recen...
26/04/24. As practitioners will be aware, the extension of fixed recoverable costs (FRC) came into force on 1 October 2023, applying to most simpler claims valued at £100,000 or ...
24/04/24. This case raised an important question: is the cost of a fee earner’s attendance at rehabilitation case management meetings recoverable as legal costs?
BACKGROUND
Followi...
20/03/24. Woolley v Ministry of Justice [2024] EWCA 304 (KB)
Date of Judgment: 16/02/2024
The CCMC
Costs budgets in a claim valued up to £80,000 were prepared in May 2023. The claim...
23/01/25. Smith is the latest decision in the long-running trench warfare between credit hire companies and defendant insurers on the issue of non-party costs orders (NCPOs). Des...
21/01/25. Date of judgment: 20 December 2024.
Practitioners making hasty applications for default judgment ought to keep in mind the law of unexpected consequences. Applications f...
13/12/24. Date of judgment: 6 November 2024
In PMC , the High Court provided instructive guidance on reporting restrictions in the clinical negligence context.
Background
The Claimant...
21/11/24. Date of judgment: 24 May 2024
How does a finding of fundamental dishonesty in respect of a claimant’s personal injury claim impact their right to recover damage for prop...
18/11/24. Date of judgment: 23 October 2024
The Supreme Court has handed down an important decision on the duty of care in negligence. Tindall revisits the vexed question in English...
17/10/24. Date of judgment: 2 October 2024.
Mr Reynolds was found by HHJ Brown sitting with a jury at Canterbury County Court to have been falsely imprisoned by Kent Police for a ...
15/10/24. Whilst it is not unusual for special measures to be imposed in criminal and family law trials involving vulnerable parties, they are a less common feature in the civil ...
20/09/24. Case: Peter Jenkins v Thurrock Council [2024] EWHC 2248 (KB)
Date of judgment: 9 September 2024
Managing the costs of costs management is brought into sharp focus by the re...
16/09/24. The updated ‘Clinical Negligence Claims Agreement 2024’ has been launched, replacing the ‘Covid-19 Clinical Negligence Protocol’ established in 2020. This updated agree...
21/08/24 . This case provides an interesting commentary on the issue of expert witnesses and apparent bias.
Facts
Biggadike was a clinical negligence action against two defendants o...
20/08/24. This case, an application for committal for contempt of court, is noteworthy for the extent of evidence which came from the Defendant himself in the form of social medi...
19/07/24. Shaw v Wilde [2024] EWHC 1660 (KB)
Date of Judgment: 27/06/2024
On 30 June 2018, the Defendant drove into collision with the Claimant’s motorcycle causing the 26-year-old...
24/06/24. Thakkar v Mican [2024] EWCA Civ 552.
This case started, and notably ended, its life as a “straightforward” road traffic accident claim. In the interim, the First and Sec...
20/06/24. Thomas v Southwick Car Centre Ltd [2024] EWHC 1315 (SCCO).
A personal injury claim arose out of a tripping incident on the Defendant’s premises in May 2012. At trial in ...
16/05/24. Mehmood v Mayor [2024] EWHC 1057 (KB)
This claim for personal injury arose out of a road traffic accident in which the Claimant alleged to have suffered a brain injury, ...
14/05/24. The Infected Blood Inquiry was formed in 2017 and the final report of the Inquiry will be published later this month. On 20 May, the report will be published online and...
25/04/24. As readers will know, the whiplash tariff was introduced on 31 May 2021 under the Civil Liability Act 2018 (‘the Act’). Section 4(2) of the Act requires the Lord Chance...
23/04/24. The long awaited Supreme Court decision in Hassam v Rabot is here. The Court of Appeal’s approach to “mixed” injuries (comprising both non-whiplash and whiplash injurie...
19/03/24. Be aware that the President of the Supreme Court issued a practice note on 7 March 2024 designed to encourage junior counsel to take a more prominent role in advocacy in ...
15/03/24. West v Bedfordshire Hospitals NHS Foundation Trust [2024] 2 WLUK 516
Date of Judgment: 28/02/2024
In these proceedings relating to a wrongful birth claim, the second defe...