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Liability Implications of Driverless Cars - Lucy McCormick, Henderson Chambers

Liability Implications of Driverless Cars - Lucy McCormick, Henderson Chambers

18/04/16. On Valentine’s Day 2016, a ‘Google Car’ in California struck the side of a bus. This was a historic event: the first time that a self-driving car has caused a crash. Ther...

Adrianna Ramos v Oxford University NHS Trust - Matthew Smith, Kings Chambers

Adrianna Ramos v Oxford University NHS Trust - Matthew Smith, Kings Chambers

17/03/16. In Adrianna Ramos v Oxford University NHS Trust [2016] EWHC B4 (Costs) 2 February 2016, Master Leonard dealt with arguments about the reasonableness of additional liabili...

FREE BOOK CHAPTER: The Enterprise and Regulatory Reform Act 2013 and the Impact on Employers Liability Claims - Andrew Mckie, Clerksroom

FREE BOOK CHAPTER: The Enterprise and Regulatory Reform Act 2013 and the Impact on Employers Liability Claims - Andrew Mckie, Clerksroom

30/06/15. Section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA) is now in force. The effect of Section 69 is that most employees seeking compensation for injuries suff...

Editorial: The Elimination of Risk - Aidan Ellis, Temple Garden Chambers

Editorial: The Elimination of Risk - Aidan Ellis, Temple Garden Chambers

27/04/16. Back in March, 70 medical experts wrote an open letter to the government highlighting the risk of head injury in school rugby. Rugby is, no doubt, a high impact collisi...

'Promptness Is the Soul of Business' - A 'Harsh' Lesson From the Recent Court of Appeal Decision in Gentry v Miller & Anor [2016] EWCA Civ 141 - Andrew Cullen, Barrister

'Promptness Is the Soul of Business' - A 'Harsh' Lesson From the Recent Court of Appeal Decision in Gentry v Miller & Anor [2016] EWCA Civ 141 - Andrew Cullen, Barrister

20/04/16. The recent decision of the Court of Appeal in Gentry v Miller & Anor  [2016] EWCA Civ 141 is yet another timely reminder of the importance of compliance with the ...

Summary of Recent Cases, April 2016

Summary of Recent Cases, April 2016

15/04/16. 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...

Future Loss in Fatal Cases: Ironing Out a Longstanding Wrinkle in the Law - Niall Maclean, 12 King’s Bench Walk

Future Loss in Fatal Cases: Ironing Out a Longstanding Wrinkle in the Law - Niall Maclean, 12 King’s Bench Walk

14/04/16. In simpler times, multipliers for calculating future losses in personal injury and fatal accident cases were selected impressionistically on a broad-brush jury basis.&n...

Vicarious Liability After Cox v Ministry of Justice - Philippa Luscombe, Penningtons Manches LLP

Vicarious Liability After Cox v Ministry of Justice - Philippa Luscombe, Penningtons Manches LLP

11/04/16. Vicarious liability has been a topic frequently visited by the courts over the years but the recent conjoined appeals of Cox [2016] UKSC 10 and Mohamud [2016] UKSC 11 have ...

Vicarious Liability: Extension, Extension, Extension - Ian Miller, 1 Chancery Lane

Vicarious Liability: Extension, Extension, Extension - Ian Miller, 1 Chancery Lane

10/04/16. 'The law of vicarious liability is on the move' are the opening words to the opinion of Lord Reed in Cox v Ministry of Justice [2016] UKSC 10 (quoting Lord Phillips in&nb...

Fixed Costs and Part 36 Offers - Thomas Crockett, 1 Chancery Lane

Fixed Costs and Part 36 Offers - Thomas Crockett, 1 Chancery Lane

What is the effect of a claimant’s ‘beaten’ Part 36 Offer upon their costs in a low value personal injury case within the RTA or EL/PL Protocol where claimants' costs are fixed ...

Loss of Earnings: the Appropriate Loss of Earnings Multiplier for an Injured Claimant: Mitigation of Loss - Gordon Exall, Zenith Chambers & Hardwicke

Loss of Earnings: the Appropriate Loss of Earnings Multiplier for an Injured Claimant: Mitigation of Loss - Gordon Exall, Zenith Chambers & Hardwicke

05/04/16. It is always interesting to look at those cases where the judge decides on loss of earnings. In   Syred -v- Powszecnny Zaklad Ubezpieczen (PZU) SA [2016] EWHC 254 (QB...

Syred: The Consequences of Rome II’s Application to an English Claimant’s RTA in Poland - Charles Cory-Wright QC, 39 Essex Chambers

Syred: The Consequences of Rome II’s Application to an English Claimant’s RTA in Poland - Charles Cory-Wright QC, 39 Essex Chambers

04/04/16. The Claimant, Robert Syred, was a successful English building surveyor. In 2010, while he and his girlfriend were visiting her family in Poland, they were involved in a...

Update From North of the Border: Court Reforms - Sarah Donaldson, Brodies LLP

Update From North of the Border: Court Reforms - Sarah Donaldson, Brodies LLP

22/03/16. The pace of court reform continues north of the border. As you may be aware, as of 22 September 2015, there have been wholesale changes to the world of personal injury ...

Turning the Tables in Fatal Accident Claims: Knauer v Ministry of Justice [2016] UKSC 9 - Stephen Cottrell, Devereux Chambers

Turning the Tables in Fatal Accident Claims: Knauer v Ministry of Justice [2016] UKSC 9 - Stephen Cottrell, Devereux Chambers

21/03/16. In a major victory for claimants, multipliers in fatal accident claims have been brought in line with personal injury and clinical negligence cases after The Supreme Co...

The Law of Vicarious Liability Is on the Move... and Hasn’t Finished Moving Yet - Chris Rafferty, Zenith Chambers

The Law of Vicarious Liability Is on the Move... and Hasn’t Finished Moving Yet - Chris Rafferty, Zenith Chambers

15/03/16. The law of vicarious liability is on the move ”, so began Lord Reed in his judgment in Cox -v- Ministry of Justice [2016] UKSC 10 . One can forgive the lack of origin...

Summary of Recent Cases, March 2016

Summary of Recent Cases, March 2016

15/03/16. 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...

Knauer v Ministry of Justice [2016] UKSC 9: Case Commentary - William Mccormick QC & Liam Ryan, Ely Place Chambers

Knauer v Ministry of Justice [2016] UKSC 9: Case Commentary - William Mccormick QC & Liam Ryan, Ely Place Chambers

14/03/16. The Supreme Court on the 24th February 2016 handed down Judgment in the case of Knauer (Widower and Administrator of the Estate of Sally Ann Knauer) v Ministry of J...

Uninsured Drivers' Agreement 2015 - Andrew Baker, Horwich Farrelly Solicitors

Uninsured Drivers' Agreement 2015 - Andrew Baker, Horwich Farrelly Solicitors

07/03/16. On 3rd July 2015 the government and the MIB entered into a new Uninsured Drivers’ Agreement (“the 2015 Agreement”) which followed a previous consultation on updati...

The Root of the Issue: Highway Authority Has No Duty to Remove Moss and Algae From Its Footpaths - Jack Harding, 1 Chancery Lane

The Root of the Issue: Highway Authority Has No Duty to Remove Moss and Algae From Its Footpaths - Jack Harding, 1 Chancery Lane

05/03/16. Does the duty to maintain the highway under section 41 of the Highways Act 1980 extend to the removal of moss, algae and other equivalent substances from the footpaths ...

Loss of Earnings After Leaving the Military: Murphy -v- Ministry of Defence - Gordon Exall, Zenith Chambers & Hardwicke

Loss of Earnings After Leaving the Military: Murphy -v- Ministry of Defence - Gordon Exall, Zenith Chambers & Hardwicke

01/03/16. In Murphy -v- Ministry of Defence [2016] EWHC 3 (QB) HH Judge Coe QC (sitting as a judge of the High Court) considered damages for loss of earnings in the case of a 21 ...

Part 36 Offer: Derisory or Genuine? - Ian Miller, 1 Chancery Lane

Part 36 Offer: Derisory or Genuine? - Ian Miller, 1 Chancery Lane

24/02/16. The case of  Jockey Club Racecourse Ltd v Willmott Dixon Construction Ltd  [2016] EWHC 167 deals with two interesting questions: (1) does a Part 36 offer have to...

Mild Traumatic Brain Injuries - Dr Linda Monaci

Mild Traumatic Brain Injuries - Dr Linda Monaci

22/02/16.  A road traffic accident, or any event which involves trauma to the head, may result in a brain injury which can cause cognitive, emotional and physical symptoms. ...

Reforms to Civil Litigation - Stephanie Prior, Osbornes Solicitors LLP

Reforms to Civil Litigation - Stephanie Prior, Osbornes Solicitors LLP

21/02/16. It has been an interesting few years there has been so much to think about personal injury and clinical negligence litigation. Firstly the fixed costs in fast trac...

The Assignment of Conditional Fee Agreements - Christopher Mcclure, John M Hayes

The Assignment of Conditional Fee Agreements - Christopher Mcclure, John M Hayes

26/04/16. The question of whether a conditional fee agreement (“CFA”) can be the subject of a valid assignment is one which has ignited much debate since April 2013. To understan...

The Risks Posed by the Internet of Things - Daniel West, BLM

The Risks Posed by the Internet of Things - Daniel West, BLM

19/04/16. A new era of connectivity within households, vehicles and smart phones is upon us and the benefits and risks of the ‘Internet of Things’ (the interconnection of multipl...

The '£400 Club' Loses Its First Battle - Andrew Cullen, Barrister

The '£400 Club' Loses Its First Battle - Andrew Cullen, Barrister

17/04/16. The first-instance judgment of District Judge Phillips sitting in Cardiff last month in Iqbal & EUI Ltd vs Leake & JC&A Solicitors; Smith & EUI Ltd vs Na...

PI Practitioner, April 2016

PI Practitioner, April 2016

16/04/16. 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...

Foreign Law in the English Courts - Matthew Chapman, 1 Chancery Lane

Foreign Law in the English Courts - Matthew Chapman, 1 Chancery Lane

09/04/16. A number of the English lawyers who conduct PI litigation in cross-border cases have warned that the full implications of the Rome II Regulation (864/2007) – and the im...

Rollinson v Dudley Metropolitan District Council [2015] EWHC 3330 - Jack McCracken, Ropewalk Chambers

Rollinson v Dudley Metropolitan District Council [2015] EWHC 3330 - Jack McCracken, Ropewalk Chambers

08/04/16. The judgment of Haddon-Cave J in Rollinson v Dudley Metropolitan District Council [2015] EWHC 3330 , stands as authority for the proposition that the duty to maintain the h...

A Predictable Revolution: Knauer v Ministry of Defence in the Supreme Court - Paul Stagg, 1 Chancery Lane

A Predictable Revolution: Knauer v Ministry of Defence in the Supreme Court - Paul Stagg, 1 Chancery Lane

06/04/16. The Supreme Court has handed down its judgment [2016] UKSC 9 in the 'leapfrog' appeal to it from the decision of Bean J in Knauer v Ministry of Defence [2014] EWHC 2553 (...

Malingering, Factitious or Functional Disorder? Clinical Neuropsychology and the Perennial Issue of Symptom Validity - Dr Linda Monaci, Consultant Clinical Neuropsychologist and Chartered Clinical Psychologist

Malingering, Factitious or Functional Disorder? Clinical Neuropsychology and the Perennial Issue of Symptom Validity - Dr Linda Monaci, Consultant Clinical Neuropsychologist and Chartered Clinical Psychologist

02/04/16. Many practitioners appear to privately offer medico-legal services involving the assessment of cognitive and emotional functioning after a road traffic accident. What c...

Editorial: Vicarious Liability for Assaults - Aidan Ellis, Temple Garden Chambers

Editorial: Vicarious Liability for Assaults - Aidan Ellis, Temple Garden Chambers

24/03/16. In Mohamud v WM Morrisons Supermarkets Plc, the Claimant went into a petrol station, where he was verbally abused by the attendant who was employed by the Defendant. The ...

Multipliers and Fatal Accident Claims: A Wrong Remedied by the Supreme Court - Harry Trusted, Outer Temple Chambers

Multipliers and Fatal Accident Claims: A Wrong Remedied by the Supreme Court - Harry Trusted, Outer Temple Chambers

1. Knauer v Ministry of Justice is a landmark Supreme Court decision. The speech of Lord Neuberger and Lady Hale (with which five other law lords concurred) finally laid the ghost...

UK Insurance Limited v Thomas Holden [2016] EWHC 264 (QB) - Matthew Channon, University of Exeter

UK Insurance Limited v Thomas Holden [2016] EWHC 264 (QB) - Matthew Channon, University of Exeter

18/03/16. This potentially significant case in Motor Insurance and the interpretation of EU Law was heard before Judge Waksman QC in the High Court. The case concerned substanti...

Court of Appeal Decides Part 36 Trumps Fixed Costs - Shirley Denyer, Shirley Denyer LLP & Knowledge Services Consultant for FOIL

Court of Appeal Decides Part 36 Trumps Fixed Costs - Shirley Denyer, Shirley Denyer LLP & Knowledge Services Consultant for FOIL

16/03/16. Following a number of conflicting decisions across the country, the Court of Appeal has now settled the conflict between the rules on fixed costs and the rules under Pa...

PI Practitioner, March 2016

PI Practitioner, March 2016

16/03/16. 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...

A Scottish Invasion via Europe?: Low Value PI Claims, Forum Non Conveniens and Owusu - Adam Clemens, 7BR

A Scottish Invasion via Europe?: Low Value PI Claims, Forum Non Conveniens and Owusu - Adam Clemens, 7BR

13/03/16. With the EU referendum imminent, and Scottish devolution having been recently decided – although that wee beastie may yet come round again – enter stage right a case th...

Updating the Package Travel Regime - Philip Mead, Old Square Chambers

Updating the Package Travel Regime - Philip Mead, Old Square Chambers

12/03/16. Since the adoption of Directive 90/314/EEC over 25 years ago, the travel industry has been transformed both in terms of the availability of travel services and how cons...

What Is the Cost of Not Having an Expert Clinical Neuropsychologist Following a Mild Head Injury? - Dr Linda Monaci

What Is the Cost of Not Having an Expert Clinical Neuropsychologist Following a Mild Head Injury? - Dr Linda Monaci

09/03/16. The cost associated with specialist assessments needs to be proportional to the value of the claim. This in principle seems a sensible and fair concept; the difficulty is...

Knauer v Ministry of Justice: Supreme Court overrules Cookson v Knowles and Graham v Dodds - Christopher Sharp QC, St John’s Chambers

Knauer v Ministry of Justice: Supreme Court overrules Cookson v Knowles and Graham v Dodds - Christopher Sharp QC, St John’s Chambers

04/03/16. In Knauer v Ministry of Justice [2014] EWHC 2553 (QB) Bean J admitted sympathy with the Claimant's argument that the rule established by the House of Lords in Cookson v...

The Employer's Duty: The Supreme Court States the Importance of Risk Assessments - Gordon Exall, Zenith Chambers & Hardwicke

The Employer's Duty: The Supreme Court States the Importance of Risk Assessments - Gordon Exall, Zenith Chambers & Hardwicke

02/03/16. In Kennedy -v- Cordia Services LLP [2016] UKSC 6 the Supreme Court allowed the appellant’s appeal. The case related to Scottish law, however the principles are of gener...

Editorial: Fixed Costs on the Multi-Track - Aidan Ellis, 1 Temple Gardens

Editorial: Fixed Costs on the Multi-Track - Aidan Ellis, 1 Temple Gardens

22/02/16. I am once again grateful to Lord Justice Jackson for providing the subject matter of this editorial, through his recommendation in the IPA Annual Lecture that the time ...

Craig Rollinson v Dudley Metropolitan Borough Council [2015] EWHC 3330 (QB) - Daniel Tobin, 12 King's Bench Walk

Craig Rollinson v Dudley Metropolitan Borough Council [2015] EWHC 3330 (QB) - Daniel Tobin, 12 King's Bench Walk

19/02/16. The recent High Court appellate decision in the case of Craig Rollinson v. Dudley Metropolitan Borough Council addresses the important question as 'whether highway author...