PI Brief Update

MoJ Quarterly Civil Justice Statics Published - Philip Matthews, Temple Garden Chambers

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...

Novel points about group representative actions - Andrew Ratomski, Temple Garden Chambers

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...

Attempted second bite of the cherry or a different fruit all together? Outotec and another v MW High Tech Projects UK Limited [2024] EWCA Civ 844 - Andrew Ratomski, Temple Garden Chambers

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 ...

Damages awarded against Gary Glitter for historic sexual abuse: BRS v Paul Francis Gadd [2024] EWHC 1403 KB - Amy Lanham Coles, Temple Garden Chambers

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...

Calculating the correct 'Price' to pay in a claim for financial dependency - Nancy Kelehar, Temple Garden Chambers

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...

Claimant injured during arrest entitled to pursue personal injury claim - Amy Lanham Coles, Temple Garden Chambers

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...

Court of Appeal reaffirms importance of responding to a proposal to engage in ADR - Nancy Kelehar, Temple Garden Chambers

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...

The LDFRC scheme latest: reforms expected by October 2024 - Amy Lanham Coles, Temple Garden Chambers

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...

Recent amendments to Practice Directions relating to Fixed Recoverable Costs (FRC) - Nancy Kelehar, Temple Garden Chambers

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 ...

Future Case Management and Legal Costs: a point of principle & restrained guidance in Hadley v Przybylo [2024] EWCA Civ 250 - Amy Lanham Coles, Temple Garden Chambers

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...

In costs budgeting, comparison of the parties' respective budgets is a relevant consideration - Nancy Kelehar, Temple Garden Chambers

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...

Far from too remote: Armstead v Royal & Sun Alliance [2024] UKSC 6 - Amy Lanham Coles, Temple Garden Chambers

18/03/24. The Claimant was involved in an accident, whilst she was driving a vehicle she had hired on credit from Helphire. The driver of the other vehicle, who was insured by th...

Court of Appeal assesses the scope of solicitors’ duty of care to prospective clients during an initial call to their helpline - Nancy Kelehar, Temple Garden Chambers

24/02/24. Miller v Irwin Mitchell LLP [2024] EWCA Civ 53

Date of Judgment: 01/02/2024

Background

Whilst on holiday in Turkey in May 2014, the Claimant slipped and fell down some sta...

A Vindication (and QOCS Protection) for Vindicatory Claims: Clark v Adams [2024] EWHC 62 (KB) - Amy Lanham Coles, Temple Garden Chambers

22/02/24. This claim raised a question about the application of QOCS where nominal damages of “£1 for vindicatory purposes” was sought. The claim was brought against Mr Gerry Ada...

Secondary victim claims restricted by the Supreme Court alongside important clarification of the Alcock criteria - Nancy Kelehar, Temple Garden Chambers

23/01/24. Paul v Royal Wolverhampton NHS Trust [2024] UKSC 1. Date of Judgment: 11/01/2024.

In an important decision for personal injury and clinical negligence practitioners, the...

Mini Review: The Government's Response to the Official Injury Claim Service Inquiry - Amy Lanham Coles, Temple Garden Chambers

25/01/24. The Official Injury Claim (OIC) service was developed to provide a free and accessible service for bringing low-value, road traffic accident personal injury claims. The...

Trial fairness generally dictates the challenge of evidence by cross-examination of witnesses, including expert witnesses - Nancy Kelehar, Temple Garden Chambers

15/12/23. Griffiths v TUI UK Ltd [2023] UKSC 48

Date of Judgment: 29/11/2023

Background

The Supreme Court has handed down an important judgment in the context of personal injury lit...

The Prospect of State Funded Care and Double Recovery: WNA v NDP [2023] EWHC 2970 (KB) - Amy Lanham Coles, Temple Garden Chambers

13/12/23. The Claimant had become tetraplegic as the result of a road traffic accident and liability had already been determined her favour. Quantum had been largely agreed – wit...

Interim interim payments on account of costs - Amy Lanham Coles, Temple Garden Chambers

20/11/ 23. Shaun Trotman v Master Brickwork London Essex Limited [2023] EWHC 2791 (KB). This case dealt with the question of whether a successful Claimant is limited to securing a...

Lifting the QOCS cap under r.44.16(2) and whether it is just to do so - Nancy Kelehar, Temple Garden Chambers

18/11/23. Amjad v UK Insurance Limited [2023] EWHC 2832 (KB). Date of Judgment: 10/11/2023. Mr Justice Richie allowed an appeal of a costs decision relating to the exceptions to ...

Managing the costs of costs management brought into sharp focus - Andrew Ratomski, Temple Garden Chambers

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...

New Clinical Negligence Agreement Launched - Philip Matthews, Temple Garden Chambers

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...

Defendant's own YouTube posts provided evidence of contempt: Wye Valley NHS Trust v Murphy [2024] EWHC 1912 (KB) - Philip Matthews, Temple Garden Chambers

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...

Claimant has 'only himself to blame' for dismissal of multi-million-pound claim on the basis of fundamental dishonesty - Nancy Kelehar, Temple Garden Chambers

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...

'What is sauce for the goose is sauce for the gander', but no presumption in favour of indemnity costs for unsuccessfully pursuing fundamental dishonesty - Amy Lanham Coles, Temple Garden Chambers

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...

Pre-commencement Funding Arrangement vs. Protection under QOCS, plus a cameo for proprietary estoppel - Nancy Kelehar, Temple Garden Chambers

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 ...

Surveillance evidence stymies Claimant’s interim payment hopes - Amy Lanham Coles, Temple Garden Chambers

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, ...

The Infected Blood Inquiry: Recent Updates in an Important Month - Nancy Kelehar, Temple Garden Chambers

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...

Upcoming Statutory Review of the Whiplash Tariff: but will reform follow? - Nancy Kelehar, Temple Garden Chambers

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...

Large and Small Apples, not Apples and Pears: Hassam v Rabot [2024] UKSC 1 - Amy Lanham Coles, Temple Garden Chambers

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...

Supreme Court Practice Note: 7 March 2024 - Amy Lanham Coles, Temple Garden Chambers

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 ...

Permission granted to withdraw admission made 3 years earlier - Nancy Kelehar, Temple Garden Chambers

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...

Not a Soft Touch: Walker v Mersey Care NHS Foundation [2024] EWHC 119 (KB) - Amy Lanham Coles, Temple Garden Chambers

23/02/24. This claim was brought following an accident that occurred when the Claimant, an employee of the Defendant NHS Foundation, was asked to participate in a game described ...

Court of Appeal delivers judgment on the delivery of judgments: it is not a transactional process - Nancy Kelehar, Temple Garden Chambers

21/02/24. YM (Care Proceedings) (Clarification of Reasons) [2024] EWCA Civ 71

Date of Judgment: 08/02/2024

In the context of a family case relating to a fact-finding hearing in res...

Court of Appeal examines rules relating to the assessment of fees charged by solicitors - Nancy Kelehar, Temple Garden Chambers

24/01/24. Kenig v Thomson Snell & Passmore LLP [2024] EWCA Civ 15. Date of Judgment: 18/01/2024.

The Claimant/Respondent is the beneficiary of his mother’s estate. He sought t...

Another cautionary tale about service: Chehaib v King's College Hospital NHS Foundation Trust [2024] EWHC 2 (KB) - Amy Lanham Coles, Temple Garden Chambers

22/01/24. This case started life as a clinical negligence claim brought against three Defendants. The claim was issued just within time on 2 August 2021. The Second Defendant con...

'Good Discharge': The Importance of Obtaining Court Approval for Child Settlements - Amy Lanham Coles, Temple Garden Chambers

14/12/23. Bayless v Norfolk and Norwich University Hospitals NHS Foundation Trust [2023] EWHC 2986 (KB)

This dispute arose following the death of a 42-year old father of two whose...

Immediate term of 10 months’ imprisonment imposed on fraudulent claimant - Nancy Kelehar, Temple Garden Chambers

12/12/23. QBE UK Ltd v Hilton [2023] EWHC 2931 (KB)

Date of Judgment: 17/11/2023

The Fraudulent Claim

The Claimant brought a claim in relation to an accident at work on 15 July 2015...

All change but what change? Looking ahead to potential policy reforms for clinical negligence litigation - Amy Lanham Coles, Temple Garden Chambers

19/11/23. Consultations are rumbling on. As previously mentioned in this newsletter, the government is currently working towards policy changes to lower value clinical negligence...

£1 million settlement in vaginal mesh implant case renews calls for a settlement scheme - Nancy Kelehar, Temple Garden Chambers

17/11/23. A 59-year-old woman has reached a settlement of over £1 million in relation to medical issues that arose as a result of a vaginal mesh implant. She received the transva...