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Claims Under the Occupiers’ Liability Act 1984 - Andrew Mckie, Clerksroom

Claims Under the Occupiers’ Liability Act 1984 - Andrew Mckie, Clerksroom

25/06/14. It is clear that the Occupiers’ Liability Act 1957 has no application where there are trespassers on land as opposed to a visitor within th...

Occupiers' Liability Special Considerations, Children and Independent Contractors - Andrew Mckie, Clerksroom

Occupiers' Liability Special Considerations, Children and Independent Contractors - Andrew Mckie, Clerksroom

22/06/14. When dealing with occupiers’ liability cases, there are a number of important considerations and special circumstances to be taken into con...

Dealing With Occupiers’ Liability Claims: the Law, Case Summaries and Gathering Evidence - Andrew Mckie, Clerksroom

Dealing With Occupiers’ Liability Claims: the Law, Case Summaries and Gathering Evidence - Andrew Mckie, Clerksroom

21/06/14. Occupiers’ Liability Act cases are possibly one of the most common types of slipping and tripping cases that the claimant lawyer will deal ...

Partial Admissions and Tactics for Allocation - Aidan Ellis, Temple Garden Chambers

Partial Admissions and Tactics for Allocation - Aidan Ellis, Temple Garden Chambers

25/07/14. In a claim for credit hire charges (or indeed any special damages) which slightly exceeds the small claims track limit, can the Defendant avoid the cost bearing fast tr...

Bite Size RTA Case Law Update - Bronia Hartley, Zenith Chambers

Bite Size RTA Case Law Update - Bronia Hartley, Zenith Chambers

16/07/14. Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is importa...

The Mesothelioma Act 2014 - Alan Joliffe, IBB Solicitors

The Mesothelioma Act 2014 - Alan Joliffe, IBB Solicitors

14/07/14. The Mesothelioma Act 2014 received Royal Assent at the end of January this year. This meant that the Secretary of State was in a position to set up a payment schem...

Greater Clarity From SRA for Successor Practices Is Needed - Simon Gibson, SGI Legal

Greater Clarity From SRA for Successor Practices Is Needed - Simon Gibson, SGI Legal

10/07/14. With law firms looking to find ways to create new revenue streams and remain on-side with LASPO, the Solicitors Regulation Authority (SRA) and Professional Indemnity In...

Celebrating 25 years of PPOs – Richard Fraser, Frenkel Topping

Celebrating 25 years of PPOs – Richard Fraser, Frenkel Topping

07/07/14. Cathy Kelly hasn’t spoken for more than a quarter of a century. Yet despite her silence, her every breath is an eloquent argument for structured settlements. In 1989, s...

Counting the Costs of Improper Cost Management - Fraser Lindsay, 7 Harrington Street Chambers

Counting the Costs of Improper Cost Management - Fraser Lindsay, 7 Harrington Street Chambers

01/07/14. In the brave new post Jackson/Mitchell world many will open their e-mails with trepidation in the fear that a new decision has been reached by the Higher Courts reemphasi...

Editorial: Sentencing Dishonest Claimants - Aidan Ellis, Temple Garden Chambers

Editorial: Sentencing Dishonest Claimants - Aidan Ellis, Temple Garden Chambers

23/06/14. In recent years, Insurers seem to be enjoying more success in defending claims, particularly arising out of road traffic accidents, which are fraudulent or exaggerated....

Why Employment Lawyers Should Also Be Civil Lawyers and The Risk of Estopping Your Client - Richard Coulthard, Michael Lewin Solicitors

Why Employment Lawyers Should Also Be Civil Lawyers and The Risk of Estopping Your Client - Richard Coulthard, Michael Lewin Solicitors

18/06/14. Most individuals assume that if a dispute arises between themselves and their employer that they will need to take action in the Employment Tribunal and will approach a...

The Future of Expert Evidence in Personal Injury Cases - Paul Phillips, Greenwoods Solicitors

The Future of Expert Evidence in Personal Injury Cases - Paul Phillips, Greenwoods Solicitors

19/06/14. As a solicitor involved in handling largely catastrophic personal injury cases, I spend many of my waking hours reading the often competing reports of a wide range of m...

Summary of Recent Cases, June 2014

Summary of Recent Cases, June 2014

15/05/14. 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...

Private International Law and PI: Final Gasps of the 1995 Act? - Matthew Chapman, 1 Chancery Lane

Private International Law and PI: Final Gasps of the 1995 Act? - Matthew Chapman, 1 Chancery Lane

09/06/14. As we move further and further away from 11 January 2009 (the date of application of the Rome II Regulation (EC No 864/2007) which governs applicable law in tort: see, ...

The Real Cost of Litigants in Person - Simon Trigger, 1 Chancery Lane

The Real Cost of Litigants in Person - Simon Trigger, 1 Chancery Lane

07/06/14. We all know the stereotype of a litigant in person: they turn up at court with numerous carrier bags filled with copious quantities of irrelevant documents heavily anno...

Risk Management: Avoiding Professional Negligence Claims in the New Litigation Landscape - Peter Causton, Member of Law Society Civil Justice Committee, Mediator and Deputy District Judge

Risk Management: Avoiding Professional Negligence Claims in the New Litigation Landscape - Peter Causton, Member of Law Society Civil Justice Committee, Mediator and Deputy District Judge

06/06/14. There have always been claims against lawyers by disgruntled clients for the loss of opportunity to bring or pursue a personal injury claim, but with the introduction o...

Removing the Shackles? - Bill Braithwaite QC, Head of Exchange Chambers

Removing the Shackles? - Bill Braithwaite QC, Head of Exchange Chambers

05/06/14. Yet another procedural decision today, but an interesting one. In a road traffic accident, the defendant in his defence denied liability and included the words "th...

Chartwell Estate Agents and the Mitchell decision - Lisa Dobie, 1 Chancery Lane

Chartwell Estate Agents and the Mitchell decision - Lisa Dobie, 1 Chancery Lane

04/06/14. Having delivered and attended several post Mitchell case updates, one recent decision that surprised and interested me (in the context of other post Mitchell decisions)...

Causation, Reliance... and Loft Hatches - Andrew Spencer, 1 Chanery Lane

Causation, Reliance... and Loft Hatches - Andrew Spencer, 1 Chanery Lane

01/06/14. The recent Court of Appeal case of Morcom v Biddick [2014] EWCA Civ 182 raises very interesting questions about duties of care, causation and reliance.

Mr Morcom is a sk...

Setting the Discount Rate: Time to Depart From Wells? - Peter Walmsley, Clyde & Co LLP

Setting the Discount Rate: Time to Depart From Wells? - Peter Walmsley, Clyde & Co LLP

27/05/14. The overriding principle of damages for personal injuries is restitution, putting the claimant back in the position he/she would have been absent the tort, so far as is...

Historic Sexual Abuse: Where Next for Pi Claims? - Catarina Sjölin Knight, Senior Lecturer at Nottingham Law School and door tenant at 36 Bedford Row

Historic Sexual Abuse: Where Next for Pi Claims? - Catarina Sjölin Knight, Senior Lecturer at Nottingham Law School and door tenant at 36 Bedford Row

25/05/14. Since sex abuse allegations against Jimmy Savile hit the headlines in late 2012 and the Metropolitan Police began Operation Yewtree, historic sexual abuse has rarely be...

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

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

25/05/14. 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...

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

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

24/05/14. Chapter two from the new book 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. This chapter deals with using the new...

Sweet Relief: To Mitchell or Not to Mitchell, That Is the Question - Andrew Sugarman & Gareth Price, Parklane Plowden Chambers

Sweet Relief: To Mitchell or Not to Mitchell, That Is the Question - Andrew Sugarman & Gareth Price, Parklane Plowden Chambers

21/07/14. Andrew Sugarman and Gareth Price take stock of the position on relief from sanction following Mitchell and Denton. “I'm just a soul whose intentions are good ...

Dunhill v Burgin: Litigation Capacity - Sam Chandler, Pupil at Five Stone Buildings

Dunhill v Burgin: Litigation Capacity - Sam Chandler, Pupil at Five Stone Buildings

18/07/14. Litigation capacity is a live issue for any practitioner working in the field of personal injury law. A party who has suffered an injury with adverse consequences on th...

Referral Fee Ban Does Not Mean You Have to Become an ABS - Simon Gibson, SGI Legal

Referral Fee Ban Does Not Mean You Have to Become an ABS - Simon Gibson, SGI Legal

11/07/14. It’s clear it’s been a bumpy ride for some PI firms these past 18 months. Many have adapted well, those that haven’t have exited the market, or gone bust in defiance.&n...

Limitation; Calibrating Pre-Knowledge Prejudice - Andrew Roy, 12 Kings Bench Walk

Limitation; Calibrating Pre-Knowledge Prejudice - Andrew Roy, 12 Kings Bench Walk

04/07/14. Collins v (1) Secretary of State for Business Innovation and Skills (2) Stena Line Irish Sea Ferries Ltd [2014] EWCA Civ 717. The time limit for bringing a claim for pe...

Highways Act Claims: The Law, Important Cases And Section 58 Defences - Andrew Mckie, Clerksroom

Highways Act Claims: The Law, Important Cases And Section 58 Defences - Andrew Mckie, Clerksroom

26/06/14. Highways Act cases under the Highways Act 1980 are probably some of the most common tripping cases whether they involve accidents on the road or on the pavement. T...

Fatal Accident Claims and Applicable Law of the Tort: Cox v Ergo Versicherung AG [2014] UKSC 22 - Matthew Chapman, 1 Chancery Lane

Fatal Accident Claims and Applicable Law of the Tort: Cox v Ergo Versicherung AG [2014] UKSC 22 - Matthew Chapman, 1 Chancery Lane

20/06/14. The claim arose out of fatal road traffic accident in Germany on 16 March 2004 in which the Appellant’s husband was tragically killed after being hit by a car whilst ri...

No Sudden Outburst of Honesty by Under-Compensated Miner - Ivor Collett, 1 Chancery Lane

No Sudden Outburst of Honesty by Under-Compensated Miner - Ivor Collett, 1 Chancery Lane

17/06/14. The Court of Appeal has recently upheld a County Court Judge’s decision to award damages to a former miner who complained that he had been under-compensated in an indus...

PI Practitioner, June 2014

PI Practitioner, June 2014

16/06/14. 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...

Touching a Nerve: Clinical Negligence, Malcolm Atkinson v South Tees Hospitals NHS Foundation Trust [2014] EWHC 1590 (QBD) - Ruwena Khan, Zenith Chambers

Touching a Nerve: Clinical Negligence, Malcolm Atkinson v South Tees Hospitals NHS Foundation Trust [2014] EWHC 1590 (QBD) - Ruwena Khan, Zenith Chambers

16/06/14. A surgeon had divided a patient’s ulnar digital nerve during an operation and he had been negligent in failing to recognise that fact and to consider repairing it. It w...

Trouble with the Uninsured Drivers Agreement - Paul Williams, Greenwoods Solicitors

Trouble with the Uninsured Drivers Agreement - Paul Williams, Greenwoods Solicitors

15/06/14. In the case of Delaney v The Secretary of State for Transport [2014] EWHC 1785 (QB) the court held that clause 6(1)(e)(iii ) of the Uninsured Drivers' Agreement 1999 (the Agr...

What's Trivial? - Andrew Spencer, 1 Chancery Lane

What's Trivial? - Andrew Spencer, 1 Chancery Lane

08/06/14. There are an increasing number of reported cases about breaches that can be characterised as “trivial” and thus meriting relief from sanctions without the need to show ...

Example of a Fatal Award at Trial: Brown –v- Hamid Considered: Claims for Loss of Consortium - Gordon Exall, Zenith Chambers

Example of a Fatal Award at Trial: Brown –v- Hamid Considered: Claims for Loss of Consortium - Gordon Exall, Zenith Chambers

02/06/14. Relatively few fatal cases get to trial. Even fewer involve a consideration by the court of the damages to be awarded under the Fatal Accident Act. The recent decision ...

McDonalds Coffee Case - Round Two - Simon Trigger, 1 Chancery Lane

McDonalds Coffee Case - Round Two - Simon Trigger, 1 Chancery Lane

31/05/14. Many of us will be familiar with the much ridiculed but ultimately successful 1994 McDonalds coffee claim made in America. For those who do not know the facts of that c...

New Guidance on Health and Safety in Docks and Ports - Gordon Exall, Zenith Chambers

New Guidance on Health and Safety in Docks and Ports - Gordon Exall, Zenith Chambers

30/05/14. The Health and Safety Executive has produced new Guidance on Health and Safety in Docks and Ports. The HSE state: “The new guidance (Safety in Docks: Approved...

Public Liability and Highways Claims Post-Jackson: Causation and Initial Liability Investigations - Andrew Mckie, Clerksroom

Public Liability and Highways Claims Post-Jackson: Causation and Initial Liability Investigations - Andrew Mckie, Clerksroom

28/05/14. Causation is one of the most important aspects when considering any highways slipping or tripping claim. The reason of course for this is that even if the claimant can ...

Editorial: Statements of Truth - Aidan Ellis, Temple Garden Chambers

Editorial: Statements of Truth - Aidan Ellis, Temple Garden Chambers

26/05/14. Where a witness has some conversational but imperfect English, whether or not to seek assistance from an interpreter can be a difficult decision. But the consequences o...

The Forthcoming Guideline Hourly Rates 2014 - Matthew Hoe, Jaggards & Taylor Rose Law

The Forthcoming Guideline Hourly Rates 2014 - Matthew Hoe, Jaggards & Taylor Rose Law

23/05/14. The CJC Costs Committee has delayed the announcement of its recommendations for new guideline hourly rates for solicitors. Still, the announcement will be made at some ...

The Cost of Mental Illness - John van der Luit-Drummond, legal journalist

The Cost of Mental Illness - John van der Luit-Drummond, legal journalist

21/05/14. John van der Luit-Drummond takes a look at the legal risks to businesses of not protecting their employees from mental illnesses such as stress and anxiety disorders.

Ea...

Mitchell Reaches Hire? - Jasmine Murphy, Hardwicke

Mitchell Reaches Hire? - Jasmine Murphy, Hardwicke

20/05/14. Eleven years on from the House of Lords’ decision in Lagden v O’Connor [2003] UKHL 64 “impecuniosity” remains a hot topic in the world of credit hire. The Court of Appea...

Beauty is a Fragile Gift (Ovid): The Decision in Webster v Liddington [2014] EWCA Civ 560 - Sarah Prager, 1 Chancery Lane

Beauty is a Fragile Gift (Ovid): The Decision in Webster v Liddington [2014] EWCA Civ 560 - Sarah Prager, 1 Chancery Lane

16/05/14. Sarah Prager considers the impact of the recent decision of the Court of Appeal in Webster v Liddington [2014] EWCA Civ 560 in cases arising out of negligently performe...