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QOCS: Testing Boundaries - Jamie Carpenter, Hailsham Chambers

QOCS: Testing Boundaries - Jamie Carpenter, Hailsham Chambers

16/01/15. In a system of civil litigation in which the general rule is “loser pays”, qualified one-way costs shifting (QOCS) is one of the more radical of the Jackson reforms. Although t...

Without A Safety Net: Litigating Employers’ Liability Claims after the Enterprise Act - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

Without A Safety Net: Litigating Employers’ Liability Claims after the Enterprise Act - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

13/01/15. Section 69 of the Enterprise and Regulatory Reform Act 2013 repealed section 47 of the Health and Safety at Work, etc. Act 1974. The latter accorded a civil right of action...

Extensions of Time to File Notices of Appeal and Relief From Sanctions - Ruwena Khan, Zenith Chambers

Extensions of Time to File Notices of Appeal and Relief From Sanctions - Ruwena Khan, Zenith Chambers

08/01/15. R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633. CPR r.3.9 rears...

Public Liability and Highways Claims Post-Jackson: Part 36 & Litigation Tactics - Andrew Mckie, Clerksroom

Public Liability and Highways Claims Post-Jackson: Part 36 & Litigation Tactics - Andrew Mckie, Clerksroom

27/01/15. It is clear that in relation to post-Jackson , post 31 July 2013 highways and public liability cases, the incentives for defendants and insurers to settle these cases has...

The Luxury of Attending Trial - Aidan Ellis, Temple Garden Chambers

The Luxury of Attending Trial - Aidan Ellis, Temple Garden Chambers

26/01/15. At a number of costs and case management conferences recently, I have noticed District Judge’s refusing to budget for a solicitor to attend trial on the basis that havi...

Advising on a Secondary Victim Claim? December 2014 Produced a Trio of New Cases Considered by Charles Bagot of Hardwicke

Advising on a Secondary Victim Claim? December 2014 Produced a Trio of New Cases Considered by Charles Bagot of Hardwicke

19/01/15. If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “ It seems to m...

Summary of Recent Cases, January 2015

Summary of Recent Cases, January 2015

15/01/15. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

Personal Injury, Negligence and COP Lawyers Need to Understand Special Educational Needs (SEN) - Ed Duff, Boyes Turner

Personal Injury, Negligence and COP Lawyers Need to Understand Special Educational Needs (SEN) - Ed Duff, Boyes Turner

12/01/15. On 1 September 2014, the most significant change in special educational needs (SEN) law for 30 years took effect due to the Children and Families Act 2014. This has inc...

A Prediction for 2015: Costs Budgeting is Doomed - Ian Miller, 1 Chancery Lane

A Prediction for 2015: Costs Budgeting is Doomed - Ian Miller, 1 Chancery Lane

11/01/15. With the new year come predictions as to what will happen in 2015. Tom Standage of the Economist predicts that our smart phones will become smarter with the use of anti...

Prosecution of PI Fraud - Thomas Crockett, 1 Chancery Lane

Prosecution of PI Fraud - Thomas Crockett, 1 Chancery Lane

07/01/15. Any regular reader will be aware that I have an interest in fraudulent personal injury claims, being involved as I am in numerous cases where a vast range of fraud is a...

Rome II and the Law of the Tort - Matthew Chapman, 1 Chancery Lane

Rome II and the Law of the Tort - Matthew Chapman, 1 Chancery Lane

29/12/14. Those with an interest in the Rome II Regulation (there must be someone else out there) may already be familiar with the recent decision of Slade J in Winrow v Hemphill ...

It's All Down to Evidence - Bill Braithwaite QC, Head of Exchange Chambers

It's All Down to Evidence - Bill Braithwaite QC, Head of Exchange Chambers

28/12/15. I know there’s an element of repetition about my blogs, but I think that’s because some points crop up again and again, and seem to me to be fundamentally important. So...

Editorial: Promptness and Applications to Set Aside Default Judgment - Aidan Ellis, Temple Garden Chambers

Editorial: Promptness and Applications to Set Aside Default Judgment - Aidan Ellis, Temple Garden Chambers

22/12/14/ As is well known, when the Defendant invites the Court to exercise its discretion to set aside default judgment pursuant to CPR 13.3, the Court must consider whether th...

Court of Appeal Upholds Finding of No Residual Earning Capacity - Gordon Exall, Zenith Chambers

Court of Appeal Upholds Finding of No Residual Earning Capacity - Gordon Exall, Zenith Chambers

20/12/14. It is rare for the Court of Appeal to consider matters relating to loss of earnings. In the judgment in  Ali -v- Caton and the MIB [2014] EWCA Civ 1313 the Court of ...

Whiplash and Fraudulent Claims - Ian Miller, 1 Chancery Lane

Whiplash and Fraudulent Claims - Ian Miller, 1 Chancery Lane

17/12/14. The justice secretary spoke to the Association of British Insurers recently, telling them about the new panels of medical experts in whiplash claims, reported The Times...

The Importance of Evidence of Local Standards When Bringing a Holiday Claim - Joe Smith, Bartletts Solicitors

The Importance of Evidence of Local Standards When Bringing a Holiday Claim - Joe Smith, Bartletts Solicitors

16/12/14. A recent Court of Appeal case has emphasised the importance of adducing evidence of local standards when bringing a slipping claim under the Package Travel, Package Hol...

Summary of Recent Cases, December 2014

Summary of Recent Cases, December 2014

15/12/14. Here is a summary of the recent notable court cases over the past month. You can also receive these for free by registering for our PI Brief Update newsletter. Just sel...

A Review of the Case of Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ 138 - Rushmi Sethi

A Review of the Case of Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ 138 - Rushmi Sethi

14/12/14.  Matthew Chapman, and Robert Weir QC, successfully represented the claimant in both the high court and the court of appeal case of Wall v Mutuelle de Poitiers Assu...

Heneghan v Manchester Dry Docks Ltd & Others - Nick Pargeter, BLM

Heneghan v Manchester Dry Docks Ltd & Others - Nick Pargeter, BLM

13/12/14. In a successful BLM asbestos-related lung cancer case, the High Court has today held that where the claimant has been exposed to asbestos in breach of duty by more than...

No Liability for Development of Sensitivity to Platinum: Greenway -v- Johnson Matthey PLC - Gordon Exall, Zenith Chambers

No Liability for Development of Sensitivity to Platinum: Greenway -v- Johnson Matthey PLC - Gordon Exall, Zenith Chambers

07/12/14. In  Greenway -v- Johnson Matthey PLC [2014] EWHC 3957 (QB) Mr Justice Jay decided that there was no claim in law for claimants whose exposure to substances at work l...

Neutral Facilitation - Bill Braithwaite QC, Head of Exchange Chambers

Neutral Facilitation - Bill Braithwaite QC, Head of Exchange Chambers

30/11/14. I've been writing for some time about my scheme of neutral facilitation; the parties appoint a neutral facilitator at the outset of the claim, or during its progress, a...

Schedules, Counter Schedules and the Gadget Generation - Simon Readhead QC, 1 Chancery Lane

Schedules, Counter Schedules and the Gadget Generation - Simon Readhead QC, 1 Chancery Lane

25/11/14. No self-respecting Schedule of Loss is now complete without a hefty claim for “Assistive Technology ” items. The response in most Counter Schedules is that the Claimant i...

A Fundamentally Wrong Decision - Steven Akerman, Brian Barr Solicitors

A Fundamentally Wrong Decision - Steven Akerman, Brian Barr Solicitors

19/11/14. One of the reasons that drove the Jackson Reforms was the alleged rampant fraud in the personal injury sector. Accident ‘victims’ (as some would have you believe) saw w...

Public Liability & Highways Claims Post-Jackson: The Portals - Andrew Mckie, Clerksroom

Public Liability & Highways Claims Post-Jackson: The Portals - Andrew Mckie, Clerksroom

28/01/15. The public liability (PL) portals came into effect on 31 July 2013. Any book looking at slipping and tripping claims post-Jackson , would not be complete without an exami...

Applications for Payments on Account of Costs - Matthew Hoe, Jaggards & Taylor Rose Law

Applications for Payments on Account of Costs - Matthew Hoe, Jaggards & Taylor Rose Law

24/01/15. An application for a payment on account of costs is the jet pump of cashflow. Beware of it reversing the flow. More claimants are now applying for payments on acco...

Not So Cut and Dry When It Comes to Hairdressing Injuries - Nicola Perry, Bartletts Solicitors

Not So Cut and Dry When It Comes to Hairdressing Injuries - Nicola Perry, Bartletts Solicitors

23/01/15. Earlier this month, Nia Griffith MP made a call in a parliamentary debate for hairdressers to be subject to a compulsory state register. Whilst there has been no indica...

Whither (Withering?) Success Fees - Alan Bacon, BTMK Solicitors LLP

Whither (Withering?) Success Fees - Alan Bacon, BTMK Solicitors LLP

19/01/15. Should we be deducting success fees from our client’s damages in successful personal injury and clinical negligence claims? After some initial hesitation my firm h...

Application of Procedural Rules and Litigants-in-Person - Thomas Crockett, 1 Chancery Lane

Application of Procedural Rules and Litigants-in-Person - Thomas Crockett, 1 Chancery Lane

17/01/15. There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (...

PI Practitioner, January 2015

PI Practitioner, January 2015

16/01/15. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Back to Basics in Occupiers Liability - Flora Wood, Ashfords Solicitors

Back to Basics in Occupiers Liability - Flora Wood, Ashfords Solicitors

15/01/15. The recent case of Burtcher v Southend-on-Sea BC helps to identify those cases where a system of inspection and risk assessments is crucial to a successful defence, and...

Courts Reform (Scotland) Act 2014: Big Changes Ahead in Personal Injury Litigation in Scotland - Douglas McGregor, Brodies LLP

Courts Reform (Scotland) Act 2014: Big Changes Ahead in Personal Injury Litigation in Scotland - Douglas McGregor, Brodies LLP

14/01/15. On 10 November 2014, just over five years after the publication of Lord Gill’s Scottish Civil Courts Review, the Courts Reform (Scotland) Act 2014 received Royal Assent...

Experts and Mental Capacity - Bill Braithwaite QC, Head of Exchange Chambers

Experts and Mental Capacity - Bill Braithwaite QC, Head of Exchange Chambers

05/01/15. Still on the subject of experts, I read two reports about a client’s mental capacity recently, which emphasised to me the need for skilled legal management of evidentia...

Loss of Earnings, Loss of “Perks” and Chances of Promotion: A High Court Example - Gordon Exall, Zenith Chambers

Loss of Earnings, Loss of “Perks” and Chances of Promotion: A High Court Example - Gordon Exall, Zenith Chambers

02/01/15. The case of  Downing -v- Peterborough & Stamford Hospitals NHS Foundation Trust  [2014] EWHC 4216 (QB) provides an interesting example of the court assessin...

Compensating an Injured Foetus - The CA's Decision - Ian Miller, 1 Chancery Lane

Compensating an Injured Foetus - The CA's Decision - Ian Miller, 1 Chancery Lane

18/12/14. Can a child make a claim to the Criminal Injuries Compensation Authority in circumstances where it has been injured by its mother’s excessive alcohol consumption during...

PI Practitioner, December 2014

PI Practitioner, December 2014

16/12/14. Each issue a particular topic is highlighted, citing some of the useful cases and other materials in that area. You can also receive these for free by registering for o...

Butcher v Southend-on-Sea Borough Council [2014] EWCA Civ 1556 - Jack Nicholls & Mike Blitz, 5 Pump Court

Butcher v Southend-on-Sea Borough Council [2014] EWCA Civ 1556 - Jack Nicholls & Mike Blitz, 5 Pump Court

15/12/14. In Butcher v Southend-on-Sea Borough Council [2014] EWCA Civ 1556, the Court of Appeal rejected any attempt to treat the various factors established as relevant to occupi...

For the Greater Good? Summary Dismissal, Psychiatric Injury and Remoteness - Liam Ryan, Ely Place Chambers

For the Greater Good? Summary Dismissal, Psychiatric Injury and Remoteness - Liam Ryan, Ely Place Chambers

10/12/14. While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited from judicial guidance (Daniel v Secretary...

Loss of Earnings: Proving That the Injuries Caused the Losses - Gordon Exall, Zenith Chambers

Loss of Earnings: Proving That the Injuries Caused the Losses - Gordon Exall, Zenith Chambers

09/12/14. The burden of proof is on the claimant in proving loss of earnings. This applies as much to proving causation as to the duration and amount of the loss.  Here we l...

The Claimant’s Burden: The Decision of the Court of Appeal in Lougheed v On The Beach Limited [2014] EWCA Civ 1538 - Sarah Prager, 1 Chancery Lane

The Claimant’s Burden: The Decision of the Court of Appeal in Lougheed v On The Beach Limited [2014] EWCA Civ 1538 - Sarah Prager, 1 Chancery Lane

08/12/14. Sarah Prager considers the recent decision of the Court of Appeal in Lougheed v On the Beach Limited [2014] EWCA Civ 1538 relating to the necessity for evidence of loca...

Shooting Admiral Byng - Ian Miller, 1 Chancery Lane

Shooting Admiral Byng - Ian Miller, 1 Chancery Lane

05/12/14. Admiral Byng was held responsible for the loss of Minorca in 1756. He was relieved of his command, court martialled and shot by a firing squad. Voltaire remarked of the...

Platinum Salts Sensitisation/Allergy: No Injury as the Court Follows Pleural Plaques - Alan Care, Thomson Snell & Passmore

Platinum Salts Sensitisation/Allergy: No Injury as the Court Follows Pleural Plaques - Alan Care, Thomson Snell & Passmore

02/12/14. The medical profession particularly allergists and immunologists may well be surprised by this recent High Court judgment as Jay J has apparently swept aside medical sc...

Claimant PI Firms Urged to Keep It Real About The WIP - David Johnston, PI-Solutions

Claimant PI Firms Urged to Keep It Real About The WIP - David Johnston, PI-Solutions

01/12/14. Many claimant personal injury (PI) law firms, particularly smaller firms or departments, are putting a much higher value on their work on progress (WIP) than it’s actua...

Negotiation in Catastrophic Claims - Bill Braithwaite QC, Head of Exchange Chambers

Negotiation in Catastrophic Claims - Bill Braithwaite QC, Head of Exchange Chambers

29/11/14. Negotiation in catastrophic injury claims is so interesting; everyone has different styles. Some work for me, and some don’t. I had two settlement meetings recently, cl...