This site uses cookies.
Bird v Acorn Group Ltd [2016] EWCA Civ 1096: Recent Decision Offers Clarity On A 'Short But Important Point' - Andrew Cullen, Barrister

Bird v Acorn Group Ltd [2016] EWCA Civ 1096: Recent Decision Offers Clarity On A 'Short But Important Point' - Andrew Cullen, Barrister

23/12/16. The Court of Appeal decision in Bird v Acorn Group Ltd [2016] EWCA Civ 1096 centered on the question of whether a 10-minute disposal hea...

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...

Hetherington v The Trustees Thornberry Animal Sanctuary - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

Hetherington v The Trustees Thornberry Animal Sanctuary - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

20/02/17. Rotherham County Court. Case number: A71YP448. Accident date: 14 December 2013. Settlement date: 27 January 2016. Gross settlement: £25,000.00.

Background

On 14...

Emergency Care and Material Contribution in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust - Katherine Galza, Kingsley

Emergency Care and Material Contribution in Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust - Katherine Galza, Kingsley

17/02/17. This case began with Dr John sustaining a serious brain injury having fallen down the stairs to his flat. He remained in an unconscious state for some time before he wa...

Harris v Miller - Victoria Brown, Pupil, Outer Temple Chambers

Harris v Miller - Victoria Brown, Pupil, Outer Temple Chambers

13/02/17. Harris v Miller is one of the rare examples of successfully establishing negligence following a horsing accident. Such cases are notoriously difficult to win; the risk ...

FREE BOOK CHAPTER: The Pre-Action Protocols (From ‘A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims: Getting the Most Out of ADR Post-Jackson’ by Peter Causton, Nichola Evans, James Arrowsmith)

FREE BOOK CHAPTER: The Pre-Action Protocols (From ‘A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims: Getting the Most Out of ADR Post-Jackson’ by Peter Causton, Nichola Evans, James Arrowsmith)

08/02/17. The 6th April 2015 saw the introduction of new protocols for personal injury and clinical negligence claims dovetailing with increases in Court fees. The terms of the u...

FREE BOOK CHAPTER: The Severity of a Traumatic Brain Injury (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

FREE BOOK CHAPTER: The Severity of a Traumatic Brain Injury (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

03/02/17. One Scale used to assess consciousness is called the Glasgow Coma Scale which is abbreviated in notes to (“GCS”). This is the most extensively used system for assessing...

O v Muller Wiseman Dairies, Quantum: EL Claim - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

O v Muller Wiseman Dairies, Quantum: EL Claim - Andrea Ribchester-Hodgson & Sarah Wright, Spencers Solicitors

26/01/17. Accident date: 18/7/2010. Settlement date: 21/10/2015. Gross settlement: £235,000.00

The claim

The Claimant; Mr O, a 35 year old Maintenance Engineer employed b...

Quantum Report: Walker V Fensome (2016) - Annie Bates, Express Solicitors

Quantum Report: Walker V Fensome (2016) - Annie Bates, Express Solicitors

23/01/17. The claimant, a 55 year old man, received £51,000 for a shoulder injury sustained in a road traffic accident in December 2012. His injuries improved however, he was lef...

Court Confirms Part 36 Offers Reject Earlier Common Law Offers (but watch this space for the appeal) - Sarah Holland, Loney Stewart Holland LLP

Court Confirms Part 36 Offers Reject Earlier Common Law Offers (but watch this space for the appeal) - Sarah Holland, Loney Stewart Holland LLP

20/01/17. In DB UK Bank Limited (t/a DB Mortgages) -v- Jacobs Solicitors [2016] EWHC 1614 (Ch) the High Court ruled that making a Part 36 offer has the effect of rejecting an earli...

Treat the Man Not the Scan - Angelina M Rigby, Geldards

Treat the Man Not the Scan - Angelina M Rigby, Geldards

20/01/17. The case of Dr Sido John v Central Manchester and Manchester Children’s University Hospitals NHS Foundation Trust [2016] EWHC 407 marks an important development in the ...

Summary of Recent Cases, January 2017

Summary of Recent Cases, January 2017

15/01/17. 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...

Adjudication: Will It Ever Be Flavour of the Month? - John Bennett and Will Graham, DWF LLP

Adjudication: Will It Ever Be Flavour of the Month? - John Bennett and Will Graham, DWF LLP

12/01/17. Adjudication has been a fixture in professional negligence disputes relating to construction since its introduction as a mandatory element of the pre-action protocol in...

Challenge by The Criminal Injuries Compensation Authority to a First Tier Tribunal Decision to Re-Open a Case Closed by the CICB In 1997 - E A Gumbel QC - 1 Crown Office Row

Challenge by The Criminal Injuries Compensation Authority to a First Tier Tribunal Decision to Re-Open a Case Closed by the CICB In 1997 - E A Gumbel QC - 1 Crown Office Row

11/01/17. The Queen On The Application Of Criminal Injuries Compensation Authority V First-Tier Tribunal (Criminal Injuries Compensation) and MB (Interested Party) [2016] EWHC 27...

Range of Opinion in PI Prognosis 2016 - Dr Mark Burgin

Range of Opinion in PI Prognosis 2016 - Dr Mark Burgin

06/01/17.  Dr. Mark Burgin BM BCh (oxon) MRCGP explains the theoretical approaches that underpin expert range of opinion with regards to soft tissue injury in Personal injur...

Review Announced of Discount Rate for PI Damages - Ian Miller, 1 Chancery Lane

Review Announced of Discount Rate for PI Damages - Ian Miller, 1 Chancery Lane

24/12/16. The Lord Chancellor has announced that the discount rate is to be reviewed and the result to be announced on 31st January 2017. The press release is instructive and is ...

Editorial: Looking Ahead to 2017 - Aidan Ellis, Temple Garden Chambers

Editorial: Looking Ahead to 2017 - Aidan Ellis, Temple Garden Chambers

22/12/16. As 2016 draws to a close, it feels more difficult than ever to make predictions for the year ahead. Politically, a period of uncertainty beckons. Although we know that ...

FREE BOOK CHAPTER: Personal Injury Trusts: Overview and Preliminary Considerations (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

FREE BOOK CHAPTER: Personal Injury Trusts: Overview and Preliminary Considerations (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

21/12/16. Personal injury trusts were originally created as a response to the capital rule in means tested social security benefits. Put simply, this rule denies certain means te...

FREE BOOK CHAPTER: What is ADR? (From ‘A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims: Getting the Most Out of ADR Post-Jackson’ by Peter Causton, Nichola Evans, James Arrowsmith)

FREE BOOK CHAPTER: What is ADR? (From ‘A Practical Guide to Alternative Dispute Resolution in Personal Injury Claims: Getting the Most Out of ADR Post-Jackson’ by Peter Causton, Nichola Evans, James Arrowsmith)

15/12/16.   ADR means Alternative Dispute Resolution. This is a term with a very wide definition and covers any form of dispute resolution, other than through Court process. ...

Summary of Recent Cases, December 2016

Summary of Recent Cases, December 2016

15/12/16. 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...

The Many-Headed Hydra of Fraud - Catherine Burt & Kate Abrahams, DAC Beachcroft

The Many-Headed Hydra of Fraud - Catherine Burt & Kate Abrahams, DAC Beachcroft

14/12/16. Organised crime gangs, illegal and unethical practices in the claims industry, and a persistent compensation culture are all combining to create a costly problem for in...

The Fall of Clinical Negligence - Dr Mark Burgin

The Fall of Clinical Negligence - Dr Mark Burgin

13/12/16. Dr. Mark Burgin BM BCh (oxon) MRCGP explains how the rise of clinical negligence in the UK will lead to a fall in the numbers of medical mistakes.

Helen Blundell of APIL...

FREE BOOK CHAPTER: Local Authority Services (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

FREE BOOK CHAPTER: Local Authority Services (From 'A Practical Guide to Personal Injury Trusts' by Alan Robinson)

21/02/17. Under Section 9 of the Care Act 2014, local authorities in England are legally obliged to assess anyone who comes to their notice as being potentially in need of care a...

Wilkinson lives on in Crawley! - Ian Pennock, Park Lane Plowden Chambers

Wilkinson lives on in Crawley! - Ian Pennock, Park Lane Plowden Chambers

16/02/17. The case of Wilkinson-v-City of York Council [2011] EWCA Civ 207 has rightly caused highway authorities difficulties in highway cases because;

      1. It not only made a lack of...

How Not to Litigate in Catastrophic Personal Injury Claims - Bill Braithwaite QC, Head of Exchange Chambers

How Not to Litigate in Catastrophic Personal Injury Claims - Bill Braithwaite QC, Head of Exchange Chambers

10/02/17. Of course, one strong view is that you shouldn’t litigate at all in major personal injury claims – ADR is so much more flexible, and allows the parties to control the p...

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

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

06/02/17. In this section consideration is given to the circumstances in which a participant in a sporting event may be held liable to a spectator injured while attending an even...

Editorial: Constitutional Litigation - Aidan Ellis, Temple Garden Chambers

Editorial: Constitutional Litigation - Aidan Ellis, Temple Garden Chambers

30/01/17. Though not a personal injury claim, it would be churlish for this editorial to overlook the most important legal case of the month. In Miller v Secretary of State for ex...

Quantum Report: Float v Hedingham & District Omnibuses Ltd (2016) - Annie Bates, Express Solicitors

Quantum Report: Float v Hedingham & District Omnibuses Ltd (2016) - Annie Bates, Express Solicitors

24/01/17.  The claimant, a 55 year old man, received £110,000 for a foot injury he sustained in December 2010 when he fell from a ladder in his place of work.

Total Damages: ...

Vicarious Liability: The Close Connection Test is Alive and Well - Jonathan Dale, 18 St John Street Chambers

Vicarious Liability: The Close Connection Test is Alive and Well - Jonathan Dale, 18 St John Street Chambers

18/01/17. In Fletcher v Chancery Supplies Limited [2016] EWCA Civ 1112 the Court of Appeal considered the issue of vicarious liability in a case in which the employee had not giv...

PI Practitioner, January 2017

PI Practitioner, January 2017

16/01/17. 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...

Moving on, After Waiting for Godot - Jon Lang & Denise O'Connor, Independent Mediators

Moving on, After Waiting for Godot - Jon Lang & Denise O'Connor, Independent Mediators

14/01/17. Positive momentum. It’s probably one of the best antidotes to procrastination, and often the difference between the parties resolving a commercial dispute at mediation ...

FREE BOOK CHAPTER: Why Get an Expert? (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle)

FREE BOOK CHAPTER: Why Get an Expert? (From 'On Experts: CPR35 for Lawyers and Experts' by David Boyle)

10/01/17. Court cases normally involve the interaction of evidence, law and procedure, albeit that often one or more of those aspects withers on the vine. The legal and procedura...

Fixed Costs Post-Portal Exit (aka ‘Prexit’) - Sarah Robson, Alpha Court Chambers

Fixed Costs Post-Portal Exit (aka ‘Prexit’) - Sarah Robson, Alpha Court Chambers

09/01/17. Much has been written in the blogosphere about the two recent Court of Appeal cases on fixed costs post ‘Prexit’; Terrence Bird v Acorn Group Ltd [2016] EWCA Civ 1096 and Q...

Jackson in Action: Case Law - Marcus Davies, DWF LLP

Jackson in Action: Case Law - Marcus Davies, DWF LLP

08/01/17. In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms:

Qualified One-Way Costs Shifting r...

'Reforming the Soft Tissue Injury ('Whiplash') Claims Process': Access To Justice Thrown Out of the Window - Andrew Cullen, Barrister

'Reforming the Soft Tissue Injury ('Whiplash') Claims Process': Access To Justice Thrown Out of the Window - Andrew Cullen, Barrister

23/12/16. The Government’s Consultation Paper, ‘Reforming the Soft Tissue Injury (‘whiplash’) Claims Process’, has sent seismic waves across the PI world, waves which will reverb...

FREE BOOK CHAPTER: Understanding the Brain (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

FREE BOOK CHAPTER: Understanding the Brain (From 'A Practical Guide to Subtle Brain Injury Claims' by Pankaj Madan)

21/12/16. As an area of medicine, perhaps less than 5% of all there is to be known is in fact, known about the brain, how it operates and how it controls us and how it can deteri...

Supreme Court Clarifies Applicable Law for Accidents Abroad Involving Uninsured Drivers - Sara-Jane Eaton, DWF LLP

Supreme Court Clarifies Applicable Law for Accidents Abroad Involving Uninsured Drivers - Sara-Jane Eaton, DWF LLP

19/12/16. Unfortunately, road traffic accidents whilst abroad on holiday or on business are an all too common occurrence. Even more problematic are claims caused by untraced or u...

PI Practitioner, December 2016

PI Practitioner, December 2016

16/12/16. 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...

Qader v Esure: A Practical Guide to the Application of Fixed Costs and Associated Arguments - Matthew Hoe, Taylor Rose TTKW

Qader v Esure: A Practical Guide to the Application of Fixed Costs and Associated Arguments - Matthew Hoe, Taylor Rose TTKW

12/12/16. There has already been much commentary on Qader v Esure [2016] EWCA Civ 1109. The judgment is remarkable for re-writing an unambiguous rule. The results it generates are ...

Re-opening an RTA settlement: Case Overview - Emma Melia, Spencers Solicitors

Re-opening an RTA settlement: Case Overview - Emma Melia, Spencers Solicitors

11/12/16. The Claimant was involved in a road traffic accident on 6th May 2012 and suffered injuries to his chest, ribs, thigh and lower back as a result of the accident.

The...

The Portal, Fixed Costs and Claims on the Multi-Track - Andrew Spencer, 1 Chancery Lane

The Portal, Fixed Costs and Claims on the Multi-Track - Andrew Spencer, 1 Chancery Lane

08/12/16. Since the coming into force of the fixed costs regimes for road traffic accident, employer’s liability, and public liability, it has been unclear whether fixed costs ap...

Unsticking the Stuck Clinical Negligence Case - Dr Mark Burgin

Unsticking the Stuck Clinical Negligence Case - Dr Mark Burgin

06/12/16. Dr Mark Burgin BM BCh (oxon) MRCGP explains how generalist expertise can unlock the most resistant cases of clinical negligence in secondary care.

Every experienced clin...