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PI Claims for Clients Who Receive Benefits - Philippa Barton, Hodge Jones & Allen

PI Claims for Clients Who Receive Benefits - Philippa Barton, Hodge Jones & Allen

24/11/16. From time to time, personal injury practitioners find they need to pass on interim payments or damages to clients who are receiving ben...

E v Moorwood Equine - Sarah Wright & Emma Melia, Spencers Solicitors

E v Moorwood Equine - Sarah Wright & Emma Melia, Spencers Solicitors

24/11/16. The Claimant ‘E’, aged 35 at the time of the accident, was injured after falling from a horse. E had attended 40-50 riding lessons over...

FREE BOOK CHAPTER: Single Joint Experts (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle)

FREE BOOK CHAPTER: Single Joint Experts (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle)

16/11/16. CPR35.7 allows the court to direct that if two or more parties wish to submit expert evidence on a particular issue, that evidence shou...

Kill the Conversation, Not an Innocent Person - Laura Reaney, Spencers Solicitors

Kill the Conversation, Not an Innocent Person - Laura Reaney, Spencers Solicitors

04/11/16. This is one subject that I can honestly say makes me feel very angry. I drive on our roads everyday and have done for many years n...

Book review: 'Legal Mind: Contemporary Issues in Psychological Injury and Law by Dr Hugh Koch' - Editorial

Book review: 'Legal Mind: Contemporary Issues in Psychological Injury and Law by Dr Hugh Koch' - Editorial

05/12/16. This book is a detailed guide to some of the issues which can arise in relation to expert evidence with respect to psychological injury claims. It examines first diagno...

McShane is Such a Shame! - Paul Stanton

McShane is Such a Shame! - Paul Stanton

24/11/16. On 28th June 2016, DJ Peake gave an (unreported) decision in the case of McShane v Lincoln, which may have wide ranging consequences. A self-employed agent, who was no...

Quantification of Damages in High Value Cases: A Scottish Strategy - Charlotte Edgar, Brodies LLP

Quantification of Damages in High Value Cases: A Scottish Strategy - Charlotte Edgar, Brodies LLP

23/11/16. Jill Clark v Greater Glasgow Health Board [2016] CSOH 126 concerns a young woman who suffered a catastrophic brain injury at birth. She alleged there had been negligent...

Editorial: Consultation on Soft Tissue Injuries in RTAs - Aidan Ellis, Temple Garden Chambers

Editorial: Consultation on Soft Tissue Injuries in RTAs - Aidan Ellis, Temple Garden Chambers

22/11/16. Earlier this month, the Ministry of Justice announced a consultation process on its long awaited scheme to reduce the burden of whiplash cases. It includes a largely pr...

FREE BOOK CHAPTER: Costs & Funding (From 'A Practical Approach to Clinical Negligence Post-Jackson' by Geoffrey Simpson-Scott)

FREE BOOK CHAPTER: Costs & Funding (From 'A Practical Approach to Clinical Negligence Post-Jackson' by Geoffrey Simpson-Scott)

16/11/16. Improving results through avoiding ambiguity and adopting a planned approach to managing your caseload is one of the central themes of this book. This chapter considers...

FREE BOOK CHAPTER: Liability of the Player to Other Players (From 'A Practical Guide to Personal Injuries in Sport' by Adam Walker & Patricia Leonard)

FREE BOOK CHAPTER: Liability of the Player to Other Players (From 'A Practical Guide to Personal Injuries in Sport' by Adam Walker & Patricia Leonard)

16/11/16. As national and international interest in and remuneration for participation in sport at the highest levels have increased over the last 50 years or so, so too has the ...

Summary of Recent Cases, November 2016

Summary of Recent Cases, November 2016

15/11/16. 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...

Court of Appeal Judgment in Bird v Acorn Group - Matthew Hoe, Taylor Rose TTKW

Court of Appeal Judgment in Bird v Acorn Group - Matthew Hoe, Taylor Rose TTKW

15/11/16. The Court of Appeal has handed down judgment in Bird v Acorn Group . Thousands of cases that were stayed for the appeal can now be resolved. The appeal was resolved ...

Con-text: Hepburn v Jabreen and Royal and Sun Alliance Insurance Plc - Colin Vickers, DWF LLP

Con-text: Hepburn v Jabreen and Royal and Sun Alliance Insurance Plc - Colin Vickers, DWF LLP

07/11/16. A Claimant who saw her claim for personal injury and other losses struck out, also lost the protection afforded to her under QOCS on the basis that her conduct had obst...

Enforcement of a Foreign Judgment: High Court Upholds Public Policy Defence - Helen Coates, DWF

Enforcement of a Foreign Judgment: High Court Upholds Public Policy Defence - Helen Coates, DWF

03/11/16.  Helen Coates, who acted for the successful appellant in Laserpoint Ltd v Prime Minister of Malta & Others, looks at this rare example of the High Court in Eng...

Qualified One Way Costs Shifting and CPR 36 - Matthew Rose, Clarion Solicitors

Qualified One Way Costs Shifting and CPR 36 - Matthew Rose, Clarion Solicitors

31/10/16. Following the introduction of Qualified One Way Costs Shifting (QOCS), parties have begun seeking to find ways to try to recover their costs where they are not, on the ...

Knocked Down in Greece: EU Law, Brexit, and Broken Legs - Ross Beaton, Lamb Chambers

Knocked Down in Greece: EU Law, Brexit, and Broken Legs - Ross Beaton, Lamb Chambers

25/10/16. Hardly a day goes by without another story about how hard it will be for Britain to extricate itself from the EU. What will happen to banking regulations? What about im...

What Does Brexit Mean for Motor Insurance? - Malcolm Johnson, BL Claims Solicitors

What Does Brexit Mean for Motor Insurance? - Malcolm Johnson, BL Claims Solicitors

24/10/16. Brexit means legal changes – and one area of substantial change will be the rights of injured motorists against the Motor Insurers Bureau.

The European Union has issued ...

What Effect Will Brexit Have on Health and Safety at Work? - Mike Kemp, Thorntons

What Effect Will Brexit Have on Health and Safety at Work? - Mike Kemp, Thorntons

12/10/16. Narrow though the victory may have been, Britain has voted for Brexit. Whether you voted Leave or Remain it is unquestionable that the consequences of Brexit will loom ...

'Litigation Is Not a War or Even a Game': Recent Decision Is a Timely Reminder for Parties to Put Their 'Cards on the Table' - Andrew Cullen, Barrister

'Litigation Is Not a War or Even a Game': Recent Decision Is a Timely Reminder for Parties to Put Their 'Cards on the Table' - Andrew Cullen, Barrister

21/10/16. The first instance decision in Nicole Chapman v Tameside Hospital NHS Foundation Trust [2016] highlights the importance of compliance with the pre-action protocol. A fa...

The Cost of Admissions - Luke Ashby, Kings Bench Chambers

The Cost of Admissions - Luke Ashby, Kings Bench Chambers

19/10/16. When an admission has been made that takes a would be fast track case into the small claims track should a Defendant pay fast track costs up to the date of the admissio...

Sorry: Is It the Hardest Word? - Nicola Edgar, Morton Fraser Lawyers

Sorry: Is It the Hardest Word? - Nicola Edgar, Morton Fraser Lawyers

18/10/16. The Apologies (Scotland) Act 2016 received Royal Assent earlier this year and will come into force in December. The main driver for the Act is the idea that fear of lit...

Summary of Recent Cases, October 2016

Summary of Recent Cases, October 2016

15/10/16. 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...

Editorial: Sentencing for International Crimes - Aidan Ellis, Temple Garden Chambers

Editorial: Sentencing for International Crimes - Aidan Ellis, Temple Garden Chambers

05/10/16. I hope I will be forgiven for an excursion outside the four walls of personal injury law in this month’s editorial. The occasion is the conviction of Mr Al Mahdi for th...

Claimant Loses QOCS Protection Following Discontinuance of NIHL Claim - Sarah Stutchfield, DWF

Claimant Loses QOCS Protection Following Discontinuance of NIHL Claim - Sarah Stutchfield, DWF

30/09/16. It is not uncommon for noise induced hearing loss claims to be issued without medical evidence and we have on a number of occasions successfully applied to have claims ...

How Brexit Could Affect Personal Injury Claims - Nikolai Llewellyn, Hugh James

How Brexit Could Affect Personal Injury Claims - Nikolai Llewellyn, Hugh James

21/11/16. Many of our clients would be forgiven for being unaware of the sheer amount of EU-based regulations and directives that UK lawyers utilise when assisting clients to pur...

PI Practitioner, November 2016

PI Practitioner, November 2016

16/11/16. 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...

An Important Judgment for Local Authorities, Other Occupiers and Their Insurers - Perry Hill & Fiona James, DWF LLP

An Important Judgment for Local Authorities, Other Occupiers and Their Insurers - Perry Hill & Fiona James, DWF LLP

14/11/16. Edwards v London Borough of Sutton, Court of Appeal 12.10.16. In this important judgment for local authorities, other occupiers and their insurers, the Court of Ap...

Finding Other People’s Hands in Your Pockets: Fox & Ors. v McLoughlin & LV= - James Pinder, DWF LLP

Finding Other People’s Hands in Your Pockets: Fox & Ors. v McLoughlin & LV= - James Pinder, DWF LLP

08/11/16. The bringing of contempt proceedings is a useful tool in an insurer’s armoury and can prove to be a strong deterrent against those who attempt to bring fraudulent perso...

FREE BOOK CHAPTER: Introduction to Enforceability (From 'Ellis and Kevan on Credit Hire, 5th Edition' by Aidan Ellis & Tim Kevan)

FREE BOOK CHAPTER: Introduction to Enforceability (From 'Ellis and Kevan on Credit Hire, 5th Edition' by Aidan Ellis & Tim Kevan)

05/11/16. The next chapters are devoted to the vexed question of whether a particular credit hire agreement is enforceable in the light of various statutory and common law issues...

Albert Victor Carder v The University of Exeter (2016) Court Of Appeal - Richard Johnson, Browne Jacobson

Albert Victor Carder v The University of Exeter (2016) Court Of Appeal - Richard Johnson, Browne Jacobson

02/11/16. The background to the case was that Mr Carder, who was 87 years of age, suffered from asbestosis as a result of exposure to asbestos dust during four periods of employm...

Editorial: New Edition of Ellis and Kevan on Credit Hire - Aidan Ellis, Temple Garden Chambers

Editorial: New Edition of Ellis and Kevan on Credit Hire - Aidan Ellis, Temple Garden Chambers

27/10/16. This month I have been putting the finishing touches to an updated edition of Ellis and Kevan on Credit Hire. When I completed the previous edition, I remember thinking...

North of the Border: The New Simple Procedure in Scotland: How Will It Affect Credit Hire Claims? - John Wilson, Brodies LLP

North of the Border: The New Simple Procedure in Scotland: How Will It Affect Credit Hire Claims? - John Wilson, Brodies LLP

26/10/16. On 28th November 2016, Simple Procedure will be introduced to Scotland’s Sheriff Courts. This procedure will apply to non-injury claims worth £5,000 or less. In this ar...

Zane Gbangbola Inquest: Coroner Delivers Findings - Nicola Atkins, 1 Chancery Lane

Zane Gbangbola Inquest: Coroner Delivers Findings - Nicola Atkins, 1 Chancery Lane

23/10/16. The Senior Coroner for Surrey, Richard Travers, has delivered his Findings and Conclusions in the Inquest touching the death of Zane Gbangbola, who died at his home in ...

QOCS and Discontinuance - James Bentley, Guildhall Chambers

QOCS and Discontinuance - James Bentley, Guildhall Chambers

21/10/16. As it stands, there is no authority on how QOCS fits with discontinuance. However, there have been multiple county court decisions on the issue. Magon v Royal Sun Allian...

Assistive Technology Claims - Andrew Williams, Exchange Chambers & Donna Cowan, Colin Clayton Assistive Technology Ltd

Assistive Technology Claims - Andrew Williams, Exchange Chambers & Donna Cowan, Colin Clayton Assistive Technology Ltd

20/10/16. It’s hardly surprising that a severely injured claimant may require specialist IT equipment for leisure, education, communication or to counter specific disabilities. B...

Late Amendments, Strike Outs, Summary Judgment & Remote Heads of Loss - Thomas Crockett, 1 Chancery Lane

Late Amendments, Strike Outs, Summary Judgment & Remote Heads of Loss - Thomas Crockett, 1 Chancery Lane

17/10/16. The High Court has recently handed down judgment in Gonul Guney v Kingsley Napley & Anor [2016] EWHC 2349 (QB). This was a professional liability claim based on the C...

PI Practitioner, October 2016

PI Practitioner, October 2016

  16/10/16. 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...

Have You Lost Your Appeal? - Charles Bagot, Hardwick

Have You Lost Your Appeal? - Charles Bagot, Hardwick

25/10/ 1 6. Charles Bagot provides a rough guide to changes to the rules on Appeals.

  • Significant new appeal rules (via a new CPR 52) came into force on 3 October;
  • The proposed change...

What's Leading to the Reduction in Employer's Liability Claims? - James Barker, Kirwans

What's Leading to the Reduction in Employer's Liability Claims? - James Barker, Kirwans

13/10/16. Recent statistics show that the number of Employers’ Liability (EL) claims have reduced in recent years, with Verdict Financials UK Personal Injury Litigation 2016 repo...

No Duty to Warn of the Obvious - Jack Jarding, 1 Chancery Lane

No Duty to Warn of the Obvious - Jack Jarding, 1 Chancery Lane

13/10/16. The Court of Appeal handed down judgment today in the eagerly anticipated appeal in Edwards v London Borough of Sutton (2016).The claim concerned the duty owed by occup...

Collateral Lies & Fundamental Dishonesty - Aidan O'Brien, Farrar's Building

Collateral Lies & Fundamental Dishonesty - Aidan O'Brien, Farrar's Building

11/10/16. Personal Injury practitioners would be well advised to heed the recent Supreme Court decision in Versloot Dredging BV & anor v HDI Gerling Industrie Versicherung AG ...

Part 36 in Personal Injury Claims - Matthew Rose, Clarion Solicitors

Part 36 in Personal Injury Claims - Matthew Rose, Clarion Solicitors

10/10/16. I was recently instructed in relation to an RTA claim in which, following submission of the claim notification, form the defendant had written to the claimant stating t...

Contempt of Court: A Strong Message to the Opportunistic Fraudster - Caroline Sanders, DWF

Contempt of Court: A Strong Message to the Opportunistic Fraudster - Caroline Sanders, DWF

30/09/16. A personal injury claimant who alleged his wrist injury had been caused by a trip on a raised kerbstone, has been found in contempt of court in respect of his personal ...

Carder v The University of Exeter - Aliyah Akram, 12 King's Bench Walk

Carder v The University of Exeter - Aliyah Akram, 12 King's Bench Walk

26/09/16. The Court of Appeal decided that a defendant was liable to compensate a claimant for a 2.3% contribution to his asbestosis in Carder v The University of Exeter [2016] EWC...