PI Brief Update

Whether An Intoxicated Passenger Can Rely On Their Own Intoxication To Avoid Or Reduce A Finding of Contributory Negligence - Nicholas Dobbs, Temple Garden Chambers

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...

Toombes v Mitchell [2021] EWHC 3234 (QB) - Rochelle Powell, Temple Garden Chambers

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...

The varied dangers of being a vulnerable road user – Scottish legal insights on road traffic accident claims

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 ...

Do not Destroy! Ayannuga & Ors v One Shot Products Ltd [2021] EWHC 2930 (QB) - Rochelle Powell, Temple Garden Chambers

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...

Golizardeh v Sarfraz [2021] EWHC 2814 (Ch): Interpreters, Remote Trials, Fairness & Identifying Language Issues Early - Nicholas Dobbs, Temple Garden Chambers

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...

'Failure to Remove' Claims in the High Court: the Appeals in HXA v Surrey County Council and YXA v Wolverhampton City Council - Paul Stagg, 1 Chancery Lane

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...

Elgamal v Westminster City Council [2021] EWHC 2510 (QB) - A Decision Considering CPR 36.17 Where There Had Been Exaggeration But Not Fundamental Dishonesty - Nicholas Dobbs, Temple Garden Chambers

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...

Children and contributory negligence: Khadija Alabady (a minor by her litigation friend Fatima Alabady v Muhammad Ali Akram [2021] EWHC 2467 (QB) - Rochelle Powell, Temple Garden Chambers & Rebecca Henshaw

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...

FREE CHAPTER from 'A Practical Guide to Personal Injury Fixed Costs in Portal and Ex-Portal Cases' by Alexander Mellis

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...

Child pedestrians and contributory negligence - David Knifton QC, Exchange Chambers

23/09/21. In the latest contribution to the issue of child contributory negligence, HHJ Bird (sitting as a Judge of the High Court) concluded that a 9 year-old girl, struck by a ...

Sheard -v- Cao Tri Do [2021] EWHC 2166 (QB) - Nicholas Dobbs, Temple Garden Chambers

17/09/21. Sheard -v- Cao Tri Do [2021] EWHC 2166 (QB) provides an instructive example of the difficulties in negligence claims of resolving conflict between witness evidence and ...

Axnoller Events Ltd -v- Brake [2021] EWHC 2362 (Ch) - Nicholas Dobbs, Temple Garden Chambers

15/09/21. In Axnoller Events Ltd -v- Brake [2021] EWHC 2362 (Ch), HHJ Matthews (sitting as a Judge of the High Court) carried out a summary assessment of the costs of an appli...

What Has Been the Impact of the Pandemic on Paralegals? - Amanda Hamilton, NALP

31/08/21. Within the legal profession it has long been regarded that paralegals are the support staff to solicitors, since many are graduates who are seeking to become solicitors...

A reply must be consistent with the pleadings: R5 Capital Ltd v Mitheridge Capital Management LLP [2021] EWHC 2316 (Ch) - Rochelle Powell, Temple Garden Chambers

26/08/21. The Defendant applied for security for costs and an order to strike out aspects of the Claimant’s statements of case. Both applications were successful. In relation to ...

Dishonest claim or dishonest claimant? The correct application of section 57: Michael v Hurford Ltd (t/a Rainbow) [2021] EWHC 2318 (QB) - Rochelle Powell, Temple Garden Chambers

24/08/21. The Claimant brought a successful claim for damages for personal injury arising out of a road traffic accident. However, it appeared that certain elements of the claim ...

Third-Party Disclosure in Asbestos case - Jim Hester, Parklane Plowden Chambers

10/08/21. This Judgment concerned an appeal from the Claimant’s unsuccessful Third Party disclosure Application: Sparkes (as personal representative of Pauline Sparkes, deceased) ...

PI: One of the top six growth areas for paralegals as we come out of lockdown - Amanda Hamilton, Chief Executive, National Association of Licensed Paralegals (NALP)

29/07/21. Fortunately, we are now seeing a slow recovery from lockdown, but we have yet to see the serious after-effects, mental, physical, economical and legal, on individuals a...

Whether there is a draft defence will, in certain circumstances, be a highly relevant factor in whether there is a real prospect of success on an application to set aside default judgment: Alli-Balogun v On the Beach Limited [2021] EWHC 1702 (QB) - Paul E

19/07/21. The Claimant, an eight year old child at the time of the accident, suffered catastrophic brain injuries when she drowned in a swimming pool in Spain on the watch of a l...

Fear and anguish shortly before instantaneous death: Chouza v Martins & Ors [2021] EWHC 1669 (QB) - Paul Erdunast, Temple Garden Chambers

14/07/21. Fear and anguish shortly before instantaneous death is capable of compensation in PSLA damages in a fatal accident case – but where that period of fear and anguish was ...

Solicitors win latest PI costs battle, but the war goes on - Ged Courtney, Kain Knight Costs Lawyers

29/06/21. Despite the disruptions caused by the Covid-19 pandemic the appetite for claims by former clients against their solicitors continues and those who represent them contin...

Calderbank Offers, CPR 44.2 & Deferring Rulings On Costs - Nicholas Dobbs, Temple Garden Chambers

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...

Resiling from an admission: A recap in Shah v London Borough of Barnet [2021] EWHC 2631 (QB) - Rochelle Powell, Temple Garden Chambers

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...

Exceptional Circumstances and recovering costs above fixed recoverable costs - Sean Linley, Carter Burnett

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...

QOCS and Set Off: Supreme Court ruling in Ho –v- Adelekun [2021] UKSC 43 - Rochelle Powell, Temple Garden Chambers

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...

Elgamal v Westminster City Council [2021] EWHC 2510 (QB): When Exaggeration Does Not Amount To Fundamental Dishonesty - Nicholas Dobbs, Temple Garden Chambers

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...

Findings of Fact in Mesothelioma Case - Jim Hester, Parklane Plowden Chambers

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...

West v Burton [2021] EWCA Civ 1005 - Fixed Costs & Disbursements Payable Under The Pre-Action Protocol for Low Value Personal Injury Claims in Road Traffic Accidents - Nicholas Dobbs, Temple Garden Chambers

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...

Covey v Harris [2021] EWHC 2211 (QB) - Rochelle Powell, Temple Garden Chambers & Rebecca Henshaw

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...

A costly error: the failure to file a schedule in Mahandru v Nielson [2021] EWHC 2297 (QB) - Rochelle Powell, Temple Garden Chambers

16/09/21. This was an appeal brought by the claimant in the underlying action, Mr Rajeve Mahandru, against an order of Ms Recorder Frost, by which she refused his application for...

A realistic and common-sense approach. A reminder of the principles relating to the assessment of damages under section 3 FAA: Paramount Shopfitting Company Ltd v Rix [2021] EWCA Civ 1172 - Rochelle Powell, Temple Garden Chambers

14/09/21. This was an appeal against the order of Cavanagh J, whereby he ordered that the respondent, the widow of Martin Rix (“Mrs Rix”), had suffered a loss of financial depend...

Cost Budgeting in the Asbestos List

02/09/21. This Judgment was given extempore during a CMC. However, the Master decided that given that it involves the common issue of cost budgeting within the Asbestos List, it wa...

How Two Law Firms Have Adapted to the PI Reforms - Brian Rogers, Access Legal

27/08/21. From 31 May this year, the personal injury claims process changed for people who suffer from what is categorised as low-value injuries in road traffic accidents or RTAs...

Increases in hourly rates amount to 'special circumstances': Raydens Ltd v Cole [2021] EWHC B14 (Costs) - Rochelle Powell, Temple Garden Chambers

27/08/21. The Claimant solicitors acted for the Defendant in matrimonial proceedings between 2013 and 2018. The proceedings concluded, in the course of an ancillary relief hearin...

Unreasonable non-use of the Portal means fixed costs apply: Harford v Music Store Professional UK/DV247 Ltd [2021] EWHC B17 (Costs). - Rochelle Powell, Temple Garden Chambers

25/08/21. The Claimant brought a claim for damages against his employer following an accident at work. He was initially diagnosed with a potential inguinal hernia. Subsequent inv...

Failure to Remove Claims and Section 20 Accommodation: YXA v Wolverhampton City Council - Paul Stagg, 1 Chancery Lane

02/08/21. Since the beginning of the year, three decisions have been handed down in favour of defendants in relation to how the decision in N v Poole BC [2019] UKSC 25, [2020] AC 7...

The fight against section 57 fundamental dishonesty: Ed Ford (aka Edward Leonard Batey) v Lilachall Limited - Cristina Parla, Roythornes Solicitors

30/07/21. I recently acted for a client in connection with his personal injury claim which arose as a result of a slipping accident on private property.

The facts of the case are ...

Balls v Reeve & Thurlow: limitation and causation: Asbestosis - Jim Hester, Parklane Plowden Chambers

27/07/21. In this Asbestosis case, both limitation and causation were in dispute. The Judgment appears in full at href="https://jimhester.me/library/asbestos-library/"> Balls v...

Smith v The Royal Bank of Scotland [2021] EWCA Civ 977 - Harry Peto, Temple Garden Chambers

15/07/21. The Defendant sought permission to appeal in a second appeal in relation to a PPI case. The case had been allocated to the small claims track. Permission to appeal was ...

R (The Good Law Project) v The Secretary of State for Health and Social Care [2021] EWHC 1782 (TCC) - Harry Peto, Temple Garden Chambers

13/07/21 . This was a claim for judicial review in which the Claimant sought to challenge the lawfulness of the Defendant’s decisions to award contracts for the supply of persona...

Annual audit of top 200 UK law firm websites show most aren't compliant with new Google updates - Sam Borrett, Legmark

30/06/21. Legal digital marketing agency founder, Sam Borrett, examines the data from the third annual legal sector review of law firm’s website performance and draws out some in...