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Can a claim be made for becoming sensitised to an industrial chemical despite being asymptomatic? - Simon Anderson, Park Square Barristers, Leeds

Can a claim be made for becoming sensitised to an industrial chemical despite being asymptomatic? - Simon Anderson, Park Square Barristers, Leeds

20/04/18. Can a claimant found a claim for personal injury for having been sensitised to an industrial chemical through expos...

It's a Fair Cop: Supreme Court Reviews Duty of Care (and a Foot Note on the Worboys Case) - Patrick West, St John's Chambers

It's a Fair Cop: Supreme Court Reviews Duty of Care (and a Foot Note on the Worboys Case) - Patrick West, St John's Chambers

19/04/18. Robinson v Chief Constable of West Yorkshire [2018] UKSC 4 SC (Lady Hale PSC, Lord Mance DPSC, Lord Reed JSC, Lord ...

FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims - Andrew Mckie & Ian Skeate)

FREE BOOK CHAPTER: An Introduction to Housing Disrepair and Cavity Wall Claims - Andrew Mckie & Ian Skeate)

22/02/18. The 23rd February 2017 was a day that will stick in the mind of many Personal Injury Lawyers – the day we found out...

FREE BOOK SAMPLE: The Nature of Consent - Lauren Sutherland QC)

FREE BOOK SAMPLE: The Nature of Consent - Lauren Sutherland QC)

23/02/18. This is an excerpt from Chapter One of Lauren Sutherland QC's important new book on consent in clinical negligence...

Dryden and Others v Johnson Matthey PLC [2018] UKSC 18 - Andrew Horner, Pupil Barrister, Trinity Chambers

Dryden and Others v Johnson Matthey PLC [2018] UKSC 18 - Andrew Horner, Pupil Barrister, Trinity Chambers

01/05/18. The Supreme Court recently handed down judgment in Dryden and Others v Johnson Matthew plc. The judgment addressed the correct interpretation of “damage” in the context...

Countdown to GDPR - Aidan Ellis, Temple Garden Chambers

Countdown to GDPR - Aidan Ellis, Temple Garden Chambers

30/04/18. There is no doubting the hot topic this Spring. In all of my last visits to Court, the conversation in the robing room has turned at some stage to issues surrounding co...

Summary of Recent Cases, April 2018

Summary of Recent Cases, April 2018

15/04/18. 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...

Does 'fundamental dishonesty' need to be explicitly pleaded and/or put to a claimant in cross-examination? - Max Wilson, 1 Chancery Lane

Does 'fundamental dishonesty' need to be explicitly pleaded and/or put to a claimant in cross-examination? - Max Wilson, 1 Chancery Lane

04/04/18. These questions have been answered in the recent Court of Appeal decision, Lorna Howlett & Justin Howlett v Penelope Davies & Ageas Insurance Limited [2017] EWCA...

Incurred Costs: A Fixed or Moveable Feast? - Marc Banyard, John M Hayes

Incurred Costs: A Fixed or Moveable Feast? - Marc Banyard, John M Hayes

02/04/18. In this article technical Costs Specialist Marc Banyard explores the thorny issue of the treatment of costs incurred between the date of an initial costs budget and the...

Case Law Update: Choice of Law and Forum Shopping in Asbestos Litigation - Andrew Forsyth, Brodies LLP

Case Law Update: Choice of Law and Forum Shopping in Asbestos Litigation - Andrew Forsyth, Brodies LLP

29/03/18. An Opinion issued by Lord Tyre in the Court of Session this week provides that the applicable law for an asbestos related claim is the law of the country where the “inj...

Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80: Jurisdiction in Personal Injury Claims Which Occur in Countries Outside of the EU - Paul McClorry, Hudgell Solicitors

Four Seasons Holdings Incorporated v Brownlie [2017] UKSC 80: Jurisdiction in Personal Injury Claims Which Occur in Countries Outside of the EU - Paul McClorry, Hudgell Solicitors

27/03/18. The Judgment in the recent decision (19th December 2017) of the Supreme Court in Four Seasons Holdings Incorporated v Brownlie ([2017] UKSC 80) ,is a must-read for a...

Be Warned: Your Advice May Require a Warning! - Martyn Griffiths, Hardwicke

Be Warned: Your Advice May Require a Warning! - Martyn Griffiths, Hardwicke

26/03/18. When should a solicitor provide a warning to their client that the advice they are giving may not be correct? That question was addressed by the Court of Appeal in the ...

What Are The Top Tips For Successful Negotiation? - Justin Patten, Human Law

What Are The Top Tips For Successful Negotiation? - Justin Patten, Human Law

Described by one training organisation as the “skill that transcends all others”, negotiation, once mastered can help you achieve improved results in many different business and...

When Can a Claimant Recover the Costs of Attending an Inquest? - Malcolm Henke, Horwich Farrelly

When Can a Claimant Recover the Costs of Attending an Inquest? - Malcolm Henke, Horwich Farrelly

22/03/18. It is understandable that solicitors involved in making civil claims want to be paid for the work they undertake. However, there are two hurdles to be negotiated on the...

Section 7 of the Health and Safety at Work etc Act: A Practitioner's Overview - Laura Howarde, Weightmans LLP

Section 7 of the Health and Safety at Work etc Act: A Practitioner's Overview - Laura Howarde, Weightmans LLP

22/03/18. With the focus mainly on sections 2 and 3 of the Health and Safety at Work etc. Act 1974, that concern an employer’s duties to their employees and those not in their e...

FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers: 2nd Edition' by Catherine Bailey & Jennet Ingram)

FREE BOOK CHAPTER: The Importance Of Branding in Law (From 'A Practical Guide to Marketing for Lawyers: 2nd Edition' by Catherine Bailey & Jennet Ingram)

22/03/18. Used to give products and services a unique identity or personality, a brand enables organisations to differentiate themselves from the competition. An additional benef...

Asbestos and Minimal Risk: Is There a Threshold? - Patrick West, St John's Chambers

Asbestos and Minimal Risk: Is There a Threshold? - Patrick West, St John's Chambers

20/03/18 . Veronica Bussey (Widow & Executrix of the Estate of David Edwin Anthony Bussey) v 00654701 Ltd (Formerly Anglia Heating Ltd) [2018] EWCA Civ 243 CA (Civ Div) (Jack...

Summary of Recent Cases, March 2018

Summary of Recent Cases, March 2018

15/03/18. 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...

Res Ipsa Loquitur In Clinical Negligence - Aneurin Maloney, Hardwicke

Res Ipsa Loquitur In Clinical Negligence - Aneurin Maloney, Hardwicke

01/03/18. The maxim res ipsa loquitur or ‘the thing speaks for itself’, is a long-standing rule of evidence more commonly utilised in other areas of personal injury law. In a PI ...

Editorial: Budget Discussion Reports - Aidan Ellis, Temple Garden Chambers

Editorial: Budget Discussion Reports - Aidan Ellis, Temple Garden Chambers

28/02/18. I have recently had a number of costs and case management hearings in which the late filing of a budget discussion report by one party or the other, or a failure to eng...

FREE BOOK CHAPTER: Introduction to the Jackson Report 2017 and CMC Regulation: A Summary of the Changes

FREE BOOK CHAPTER: Introduction to the Jackson Report 2017 and CMC Regulation: A Summary of the Changes

2018/2019 is going to be a huge year for the Personal Injury world (yet again)! Changes are aloft in all different areas of Regulation. A ban on cold calling for claims companie...

Ivor Cook v Swansea City Council 2017 - Joanne Pruden, Browne Jaconson LLP

Ivor Cook v Swansea City Council 2017 - Joanne Pruden, Browne Jaconson LLP

20/02/18. In the case of Ivor Cook v Swansea City Council 2017 the Claimant slipped on ice in an unmanned car park owned and operated by a Local Authority which had not been grit...

Summary of Recent Cases, February 2018

Summary of Recent Cases, February 2018

15/02/18. 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...

Driverless Cars, Artificial Intelligence… What Next? Online Dispute Resolution for Compensation Claims? - Tim Wallis, Trust Mediation

Driverless Cars, Artificial Intelligence… What Next? Online Dispute Resolution for Compensation Claims? - Tim Wallis, Trust Mediation

29/01/18. Question: Will online dispute resolution (ODR) make any headway with high volume - lower value compensation claims? The sceptic would say no, on the basis that many inv...

PI Practitioner, April 2018

PI Practitioner, April 2018

16/04/18. 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...

Part 36 v Part 45: Which is Winning Round 2? - Ella Davis,1 Chancery Lane

Part 36 v Part 45: Which is Winning Round 2? - Ella Davis,1 Chancery Lane

06/04/18. The cost consequences on judgment of a Claimant beating a Part 36 offer in a fixed recoverable cost case have been tolerably clear since the Court of Appeal’s decision ...

CFA Assignment: The End of the Yellow Brick Road? - Christopher McClure, John M Hayes

CFA Assignment: The End of the Yellow Brick Road? - Christopher McClure, John M Hayes

03/04/18. By way of recital from our first article in this series on CFA assignment, the reader will recall that Budana v The Leeds Teaching Hospitals NHS Trust concerns, in brief, t...

Retainers and Busy Practitioners: The Case of Alina Budana v The Leeds Teaching Hospitals NHS Trust and The Law Society (as Intervener) - Amanda Stevens, Hudgell Solicitors

Retainers and Busy Practitioners: The Case of Alina Budana v The Leeds Teaching Hospitals NHS Trust and The Law Society (as Intervener) - Amanda Stevens, Hudgell Solicitors

28/03/18.  There is finally light at the end of the tunnel for the many firms who have attempted to transfer books of work out of their practice, to another, whilst seeking ...

Claims Management Companies, Consent to Marketing & FCA Regulation - Paul Bennett, Aaron & Partners LLP

Claims Management Companies, Consent to Marketing & FCA Regulation - Paul Bennett, Aaron & Partners LLP

23/03/18. In early 2019, the Financial Conduct Authority will take over from the Claims Management Regulator in terms of the supervision of Claims Management Companies (CMC’s) au...

Four Seasons v Brownlie: Jurisdiction - Ian Peters, Anthony Gold

Four Seasons v Brownlie: Jurisdiction - Ian Peters, Anthony Gold

24/03/18. The Supreme Court handed down its Judgment on the case Four Season Holding Incorporated v Brownlie on 19 December 2017. This long running case concerns a tragic road traf...

Court Rulings Provide Further Guidance on Proportionality and Fundamental Dishonesty - Ieuan Jones, Ashfords

Court Rulings Provide Further Guidance on Proportionality and Fundamental Dishonesty - Ieuan Jones, Ashfords

23/03/18.  There have been two recent costs decisions in two areas of litigation that have been subject to much controversy since the recent rule changes.

Proportionality

Firs...

PI Practitioner, March 2018

PI Practitioner, March 2018

16/03/18. 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...

Discounting Your Chickens: Resiling From a Settlement Due to a Change in Discount Rate - Lauren Seager, Queen Square Chambers

Discounting Your Chickens: Resiling From a Settlement Due to a Change in Discount Rate - Lauren Seager, Queen Square Chambers

09/03/18. A year on from the change in discount rate and it is still a topical discussion. It had immediate implications for many claims but it became clear in October 2017 that ...

The Appeal Case of The Department for Communities and Local Government v Blackmore - David Roderick, Farrar's Building

The Appeal Case of The Department for Communities and Local Government v Blackmore - David Roderick, Farrar's Building

02/03/18. The appeal case of The Department for Communities and Local Government v Blackmore  [2017] EWCA Civ 1136 (“ Blackmore ”) is an important restatement of the principles ...

Serving Food That Might Cause Adverse Reactions - Gabrielle Broomhead, Ashfords LLP

Serving Food That Might Cause Adverse Reactions - Gabrielle Broomhead, Ashfords LLP

23/02/18. It is important for anyone serving food to the public to know what the food contains as some ingredients can cause adverse reactions. This may be because a customer is ...

Divisibility of Psychiatric Injury - Charley Turton, 12 King's Bench Walk

Divisibility of Psychiatric Injury - Charley Turton, 12 King's Bench Walk

22/02/18. The vexed question of the divisibility of psychiatric injury has recently been revisited by the Court of Appeal in BAE Systems (Operations) Ltd v M Konczak [2017] EWCA Ci...

Case Comment on Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EWHC 164 (QB) - Lucile Taylor

Case Comment on Hassell v Hillingdon Hospitals NHS Foundation Trust [2018] EWHC 164 (QB) - Lucile Taylor

19/02/18. Facts: The claim arose out of the C5/6 decompression and disc replacement operation performed by the Defendant, a spinal orthopaedic surgeon, on the Claimant, who ...

Valid Consent: The Role of the Medical Expert - Paul Sankey, Enable Law

Valid Consent: The Role of the Medical Expert - Paul Sankey, Enable Law

09/02/18. What is the medical expert's role in reporting on consent to treatment? With the change in the law following Montgomery v Lanarkshire Health Board in 2015 that role has...

Mrs Rhonda Stewart (New Rohonda White) v Lewisham and Greenwhich NHS Trust [2017] EWCA Civ 2091 - Andrew Wilson, Park Square Barristers

Mrs Rhonda Stewart (New Rohonda White) v Lewisham and Greenwhich NHS Trust [2017] EWCA Civ 2091 - Andrew Wilson, Park Square Barristers

05/02/18. In a case where the claimant alleges breaches of an employer’s duties under the Management of Health and Safety at Work Regulations 1999, of the Manual Handling Regulat...

High Court Decision Will Affect All London Pedestrians and Bus Drivers - Daniel Slade, Express Solicitors

High Court Decision Will Affect All London Pedestrians and Bus Drivers - Daniel Slade, Express Solicitors

02/02/18. A case run by Manchester-based personal injury law firm Express Solicitors, which on 7 December 2017, saw the High Court hand down an important decision that will affec...

Mind the Gap: Perversity as a Point of Appeal, an Insurmountable Chasm? - Liam Ryan, 7 Bedford Row

Mind the Gap: Perversity as a Point of Appeal, an Insurmountable Chasm? - Liam Ryan, 7 Bedford Row

30/01/18. Any appeal against a County Court decision on the grounds of perversity is always going to be complex and difficult. From an Appellants point of view there will no dou...

Fixed Recoverable Costs: No Advocacy, No Fee! - Chris Boxall, Park Square Barristers

Fixed Recoverable Costs: No Advocacy, No Fee! - Chris Boxall, Park Square Barristers

28/01/18. Christopher Boxall discusses the first instance decision in Crawshaw v Alfred Dunhill Limited (County Court Sheffield, 16.11.2017 before District Judge Bellamy).

Facts

Th...

Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers

Withdrawing Admissions: Wood v Days Healthcare UK Limited [2017] EWCA Civ 2097 - Shaun Ferris, Crown Office Chambers

26/01/18. The Court of Appeal has considered the position where a defendant (D1), presented with a claim that is said to be of low value, admits liability but is later confronted...

FREE BOOK CHAPTER: What Is a Holiday Sickness Claim? (from 'A Practical Guide to Holiday Sickness Claims, 2nd Edition' by Andrew Mckie & Ian Skeate)

FREE BOOK CHAPTER: What Is a Holiday Sickness Claim? (from 'A Practical Guide to Holiday Sickness Claims, 2nd Edition' by Andrew Mckie & Ian Skeate)

08/12/17. The majority of holiday sickness claims are of course likely to occur outside of the jurisdiction, but are likely to fall under the Package Travel Regulations 1992. How...