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Fundamental Dishonesty: Exceptions to QOCS and Dismissal of Genuine Claims - Paul Brandish, Horwich Farrelly

Fundamental Dishonesty: Exceptions to QOCS and Dismissal of Genuine Claims - Paul Brandish, Horwich Farrelly

21/06/15. Paul Brandish, Partner at Horwich Farrelly, comments that the courts have shown a real willingness to withdraw QOCS protection and considers "fundamental dishonesty" in...

Here Be Dragons! Fundamental Dishonesty in Personal Injury Claims - Paul Spiteri, Hugh James

Here Be Dragons! Fundamental Dishonesty in Personal Injury Claims - Paul Spiteri, Hugh James

15/06/15. In days of yore, there was a man called Summers who verily injured himself in the course of his employment and sued his employers, Fairclough Homes. Summers sought red...

Panagaki v Minetta SA General Insurances - Katherine Deal, 3 Hare Court

Panagaki v Minetta SA General Insurances - Katherine Deal, 3 Hare Court

12/06/15. Panagaki v Minetta SA General Insurances: Judgment 14 May 2015, reported Lawtel 15 May 2015. In March 2014 the Claimant, then aged 22, sustained catastrophic ...

Woodland v Maxwell and or [2015] EWHC 273 (QB): Liability Win on Basis of Children’s Lay Witness Evidence - Jenny Maloney, Slater and Gordon (UK) LLP

Woodland v Maxwell and or [2015] EWHC 273 (QB): Liability Win on Basis of Children’s Lay Witness Evidence - Jenny Maloney, Slater and Gordon (UK) LLP

01/07/15. The claimant won this case because Mr Justice Blake preferred the contemporaneous evidence to new versions of events given at trial. Annie Woodland nearly drowned ...

Free Book Chapter: The Portals and Fixed Portal Costs in Employers Liability Claims - Andrew Mckie, Clerksroom

Free Book Chapter: The Portals and Fixed Portal Costs in Employers Liability Claims - Andrew Mckie, Clerksroom

29/06/15. The Low Value Portals in Employers Liability Claims Came into effect for any claim where the accident date is on of after 31 July 2013. The purpose of this Chapter is t...

LASPO And The Scales of Justice - Michael Hardacre, Slater and Gordon (UK) LLP

LASPO And The Scales of Justice - Michael Hardacre, Slater and Gordon (UK) LLP

24/06/15. We have reached another milestone in the on-going process of reform of civil litigation costs having just past the second anniversary of implementation of the Legal Aid...

Update on Driverless Car Trials and Code of Practice - Ruth Graham, BLM

Update on Driverless Car Trials and Code of Practice - Ruth Graham, BLM

22/06/15. On 11th February 2015 the government launched a regulatory review giving the green light for driverless car testing in the UK, and launched driverless car projects in f...

Section 57 Applications: Are New Powers to Curb Fraudulent Claims Too Draconian? - Dafydd Paxton, Unity Street Chambers

Section 57 Applications: Are New Powers to Curb Fraudulent Claims Too Draconian? - Dafydd Paxton, Unity Street Chambers

20/06/15. Fraudulent and exaggerated personal injury claims have been a thorny issue for successive governments for a number of years, with the issue progressively gaining greate...

Editorial: Fixed Costs and Applications - Aidan Ellis, Temple Garden Chambers

Editorial: Fixed Costs and Applications - Aidan Ellis, Temple Garden Chambers

19/06/15. One of the most restrictive parts of the fixed costs regime relates to interim applications. CPR 45.29H limits the costs usually allowable on an interim application to ...

Greasing the Wheels of Fraud - Paul Wainwright, Browne Jacobson LLP

Greasing the Wheels of Fraud - Paul Wainwright, Browne Jacobson LLP

18/06/15. Lance Armstrong may feel hard done by. After all, he was one of many, and cheating was rife. But as the one who took the accolades, the applause and the celebrity lifes...

Success Fees in Children’s Compensation Claims - Geoffrey Simpson-Scott, Colemans-ctts

Success Fees in Children’s Compensation Claims - Geoffrey Simpson-Scott, Colemans-ctts

16/06/15. The 6th April 2015 update to the CPR makes it much harder to successfully charge the full 25% success fee where we present children. Evidence justifying the percenta...

Summary of Recent Cases, June 2015

Summary of Recent Cases, June 2015

15/06/15. 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 to Decide Whether the Simmons v Castle 10% Uplift Applies in the Employment Tribunal - Susan Thompson & Claire Holland, Magrath LLP

Court of Appeal to Decide Whether the Simmons v Castle 10% Uplift Applies in the Employment Tribunal - Susan Thompson & Claire Holland, Magrath LLP

14/06/15. Personal injury claims in the employment tribunal - Damages for personal injury can be claimed as part of compensation for discrimination in the employment tribun...

Pre-Action Protocol for Personal Injury Claims: The Key Changes - Fiona James & Simon Denyer, DWF

Pre-Action Protocol for Personal Injury Claims: The Key Changes - Fiona James & Simon Denyer, DWF

13/06/15. A number of civil reforms relevant to the handling of personal injury claims came into force on 6 April 2015 including amendments to the CPR Part 36 rules , the introduct...

Relief from Sanctions / Strike Out: Is it "Worth a Go"? - Thomas Crockett, 1 Chancery Lane

Relief from Sanctions / Strike Out: Is it

07/06/15. Last month the Commercial Court dealt out a salutary warning to Parties whom are seen to opportunistically attempt to take advantages of defaults by their opponents.&nb...

Ostriches & Owls: s14(3) of the Limitation Act 1980 - Simon Anderson, Park Square Barristers

Ostriches & Owls: s14(3) of the Limitation Act 1980 - Simon Anderson, Park Square Barristers

05/06/15. To what extent are claimants expected to express curiosity about the cause of their illness for the purposes of s.14(3) Limitation Act 1980? Simon Anderson examine...

A Child’s Earning Potential Cannot Be "Written Off": High Court Decision on Earnings Where Claimant Already Had Pre-Existing Problems - Gordon Exall, Zenith Chambers

A Child’s Earning Potential Cannot Be

02/06/15. In Tate -v- Ryder Holdings [2014] EWHC 4256 (QB) Mr Justice Parker considered issues relating to loss of earnings of a young child from a disadvantaged background. He d...

Editorial: The General Election and Personal Injury Litigation – Aidan Ellis, Temple Garden Chambers

Editorial: The General Election and Personal Injury Litigation – Aidan Ellis, Temple Garden Chambers

27/05/15. By the time that this is published, the unexpected result of the recent general election will have been thoroughly dissected in every newspaper and journal. Since most ...

LHS v First-Tier Tribunal & CICA Judicial Review before Mr Justice Jay, Judgment 21st April 2015 - Adam Farrer, Number 5 Chambers

LHS v First-Tier Tribunal & CICA Judicial Review before Mr Justice Jay, Judgment 21st April 2015 - Adam Farrer, Number 5 Chambers

25/05/15. Adam Farrer (Number 5 Chambers) was led by James Eadie QC (Blackstone Chambers) acting for the Criminal Injuries Compensation Authority (“CICA") (instructed by Treasury...

Loss of Earnings: Serious Injury and the "Lost Years": High Court Case Considered - Gordon Exall, Zenith Chambers

Loss of Earnings: Serious Injury and the

23/05/15. The question of whether a child claimant can receive earnings for the “lost years” when their life expectancy is reduced is a difficult one. It was considered by Mrs Ju...

Catastrophic Injury Schedules, Technology: The Key to Success? - Amanda Yip QC & Will Waldron QC, Exchange Chambers

Catastrophic Injury Schedules, Technology: The Key to Success? -  Amanda Yip QC & Will Waldron QC, Exchange Chambers

20/05/15. For too long, schedules were viewed as an afterthought not an essential to success in catastrophic injury cases. Happily, this misconception seems largely to have been ...

Court of Appeal Confirms How BHR Should Be Calculated in Credit Hire Claims - Shirley Denyer, Shirley Denyer LLP

Court of Appeal Confirms How BHR Should Be Calculated in Credit Hire Claims - Shirley Denyer, Shirley Denyer LLP

19/05/15. In the case of Stevens v Equity [2015] EWCA Civ 93 the Court of Appeal has rejected the argument that in a case of replacement vehicle hire by a pecunious claimant the co...

Expanding the Arsenal - Richard Paige, Park Square Barristers Chambers

Expanding the Arsenal - Richard Paige, Park Square Barristers Chambers

18/05/15. On 12th February 2015 the Criminal Justice and Courts Act 2015 received Royal Assent. Buried in the midst of this legislation are five sections which address issues of ...

Complying with the COSHH Regulations - Martin Stear, Chartered Occupational Hygienist

Complying with the COSHH Regulations - Martin Stear, Chartered Occupational Hygienist

02/07/15. One hundred and thirty three; that was the number of reported safety-related deaths at work in 2013/14. Each and every one of these deaths was a tragedy and should not ...

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 su...

Informed Consent in Clinical Negligence Claims: The New Law Explained and the Consequences Considered - John-Paul Swoboda, 12 King's Bench Walk

Informed Consent in Clinical Negligence Claims: The New Law Explained and the Consequences Considered - John-Paul Swoboda, 12 King's Bench Walk

Introduction

  1. On 11 March 2015 the Supreme Court handed down its judgment in Montgomery v Lanarkshire Health Board [2015] UKSC 11 which considered how the courts should determine wh...

How Trivial Does Trivial Have to Be? - Andrew Christon, Keoghs

How Trivial Does Trivial Have to Be? - Andrew Christon, Keoghs

21/06/15. A general observation in life is that most people will not turn to the courts and the legal system to resolve trivialities. Indeed the legal system itself and specific...

Two Wheels Good, Four Wheels Bad? - Stuart Gist, Clarke Willmott LLP

Two Wheels Good, Four Wheels Bad? - Stuart Gist, Clarke Willmott LLP

19/06/15. I was on my way to work last week partly lost in the fug of an early start (I am not really a morning person). Like so many Bristolian commuters, I have a predictable i...

Do Financial Constraints Justify Limitations on the Scope of a Solicitors' Duty? - Sushma MacGeoch & Lucy Murphy, Bond Dickinson LLP

Do Financial Constraints Justify Limitations on the Scope of a Solicitors' Duty? - Sushma MacGeoch & Lucy Murphy, Bond Dickinson LLP

17/06/15. In the arena of personal injury litigation costs constraints have led a number of firms to seek to streamline the case management and handling of the file, particularly...

PI Practitioner, June 2015

PI Practitioner, June 2015

16/06/16. 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...

What Is 'Fundamental Dishonesty' and How Will It Impact on Personal Injury Claims? - Karen Mann, Hodge Jones & Allen

What Is 'Fundamental Dishonesty' and How Will It Impact on Personal Injury Claims? - Karen Mann, Hodge Jones & Allen

15/06/15. In the Law Society Gazette (20th April 2015 issue) Jonathan Wheeler, the incoming president of the Association of Personal Injury Lawyers (APIL), wrote of his inte...

Direct Actions Against Foreign Insurers in PI Claims: The Sting in the Tail - Jack Harding, 1 Chancery Lane

Direct Actions Against Foreign Insurers in PI Claims: The Sting in the Tail - Jack Harding, 1 Chancery Lane

10/06/15. Barristers and solicitors practising in the field of personal injury litigation arising from accidents abroad have, for some time, been comforted by the fact that - at ...

Exemplary Damages: Credit Hire, Fraud and QOCS - Patrick West, St John's Chambers

Exemplary Damages: Credit Hire, Fraud and QOCS - Patrick West, St John's Chambers

08/06/15. Patrick West looks at the latest cases and explores the future of the law's oldest way of punishing wrong-doers

"That the law never admits of a general search-warrant. T...

Changes to the Spanish Baremo System - Matthew Chapman, 1 Chancery Lane

Changes to the Spanish Baremo System - Matthew Chapman, 1 Chancery Lane

06/06/15. English lawyers familiar with the ECJ decision in Odenbreit and the inroads made into English law by the Rome II Regulation are also likely to have at least a passing acq...

Loss of Earnings of a Self-Employed Female Photographer: A High Court Case Considered - Gordon Exall, Zenith Chambers

Loss of Earnings of a Self-Employed Female Photographer: A High Court Case Considered - Gordon Exall, Zenith Chambers

04/06/15.   One of the aims of this blog is to highlight the various approaches that the courts take to claims for loss of earnings. In  Tait -v- Gloucestershire Hospital...

Vicarious Liability for Workplace Violence - Jonathan Mitchell, Ropewalk Chambers

Vicarious Liability for Workplace Violence - Jonathan Mitchell, Ropewalk Chambers

03/06/15. On Thursday 5th February 2015 the Court of Appeal handed down its judgement in the case of Graham v Commercial Bodyworks Ltd [2015] EWCA Civ 47. Mr Graham was very badl...

Noise Induced Hearing Loss Claims: a Disease or an Injury? Dalton v BT Considered - Sarah Page-Croft, R Costings

Noise Induced Hearing Loss Claims: a Disease or an Injury? Dalton v BT Considered - Sarah Page-Croft, R Costings

01/06/15. A large number of Claimants have brought claims against their employers, or former employers, following exposure to excessive levels of noise at work, which they allege...

Reacting to Accumulating Knowledge About Asbestos Hazards - Alan Care, Thomson Snell & Passmore

Reacting to Accumulating Knowledge About Asbestos Hazards - Alan Care, Thomson Snell & Passmore

26/05/15. "It was doubtful whether it was safe to assume that any finely divided dust was harmless if inhaled in sufficient quantity over a sufficient period". HM Factory Inspect...

Judge Adopts "Ogden 7" Approach to Future Loss of Earnings: An Important Issue - Gordon Exall, Zenith Chambers

Judge Adopts

24/05/15. In  Middleton -v- Ipswich Hospital NHS Trust  [2015] EWHC 775(QB) HH Judge McKenna (sitting as a High Court Judge) adopted the “Ogden 7″ approach to future loss...

Costs Budgeting: Reforms on Their Way - Ian Miller, 1 Chancery Lane

Costs Budgeting: Reforms on Their Way - Ian Miller, 1 Chancery Lane

22/05/15. Jackson L.J. delivered a speech on costs budgeting on Wednesday. For many of us engaged in CCMCs who encounter inconsistency, courts overwhelmed by the volume of hearin...

Civil Justice Reforms in the Public Sector: Where Are We Now? - Sarah Swan, Hill Dickinson LLP

Civil Justice Reforms in the Public Sector: Where Are We Now? - Sarah Swan, Hill Dickinson LLP

21/05/15. The civil justice reforms have now had some time to bed in. Two years after implementation, what has the impact been on claims within the public sector and the claims i...

PI Practitioner, May 2015

PI Practitioner, May 2015

17/05/15. 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...

Marley v Rawlings [2014] UKSC 51 and the Court’s Approach to Costs - Elaine Bathers, Bolt Burdon Kemp

Marley v Rawlings [2014] UKSC 51 and the Court’s Approach to Costs - Elaine Bathers, Bolt Burdon Kemp

15/05/15. Last year the Supreme Court made a landmark decision in the case of Marley v Rawlings [2014] UKSC 51 when it decided that a professional indemnity insurer, which was not ...