This site uses cookies.
Sea Change - Angela Williams, Browne Jacobson

Sea Change - Angela Williams, Browne Jacobson

16/07/15. The Court of Appeal has handed down its judgment in the case of South West Strategic Health Authority v Bay Island Voyages. The appeal related to a Par...

Vaughan v MOD - James Williams, Henderson Chambers

Vaughan v MOD - James Williams, Henderson Chambers

12/07/15. In Vaughan v Ministry of Defence [2015] EWHC 1404 (QB), the High Court held that an employer’s liability does not extend to employee’s activities in his ...

Ex Turpi Causa, Causation and Contributory Negligence - Katharine Evans (CILEx), Bartletts Solicitors

Ex Turpi Causa, Causation and Contributory Negligence - Katharine Evans (CILEx), Bartletts Solicitors

10/07/15. The Court of Appeal has recently handed down an interesting judgment in a road traffic personal injury case which involved an examination of the defenc...

The Risks of Agriculture, and Risks of the Claim - John Green, Taylor&Emmet LLP

The Risks of Agriculture, and Risks of the Claim - John Green, Taylor&Emmet LLP

24/07/15. The internet is littered with disturbing videos of people being seriously injured at work, and it is a sad and worrying fact that such injuries are still prominent in t...

Buswell v Symes & Anor - John Foy QC & Laura Hibberd (pupil), 9 Gough Square Chambers

Buswell v Symes & Anor - John Foy QC & Laura Hibberd (pupil), 9 Gough Square Chambers

22/07/15. The recent case of Buswell v Symes & Anor [2015] EWHC 1379 (QB) raised a number of issues associated with motorcycle claims on country roads. Primary liability was ...

Guidance as to Litigants-in-Person, a Sign of the Times? - Thomas Crockett, 1 Chancery Lane

Guidance as to Litigants-in-Person, a Sign of the Times? - Thomas Crockett, 1 Chancery Lane

20/07/15. The Bar Council, Law Society and Chartered Institute of Legal Executives have produced some joint guidance for lawyers in how to conduct themselves towards a litigant-i...

Getting Wasted: A Look at the Wasted Costs Regime - Gemma Witherington, John M Hayes

Getting Wasted: A Look at the Wasted Costs Regime - Gemma Witherington, John M Hayes

18/07/15. The wasted costs regime is set out in Section 4 of the Courts and Legal Services Act 1990, enacting section 51(7) of the Senior Courts Act 1981 which defines wasted cos...

Summary of the PIcARBS Arbitration Service

Summary of the PIcARBS Arbitration Service

15/07/15. The following is taken from a booklet published by PIcARBS.

The Personal Injury and Clinical Negligence claims arbitration service is designed for claims over £50,000.

St...

Summary of Recent Cases, July 2015

Summary of Recent Cases, July 2015

15/07/15. 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...

Low Exposure Asbestos Claims: the Devil Is in the Detail… and the Disclosure - Jon Andrews, Linder Myers Solicitors

Low Exposure Asbestos Claims: the Devil Is in the Detail… and the Disclosure - Jon Andrews, Linder Myers Solicitors

08/07/15. Following the cases of ‘Williams v Birmingham’ and ‘McGregor v Genco’ in particular, it has become common for asbestos claims to be defended on the basis that low expos...

The Risk and Burden of Being a Trespasser - Helen Tinkler, CILEx Law School, Bar Standards Board and Whatley Weston & Fox

The Risk and Burden of Being a Trespasser - Helen Tinkler, CILEx Law School, Bar Standards Board and Whatley Weston & Fox

07/07/15. The Occupiers' Liability Act 1957 provides that its rules have effect in place of the rules at common law. This encourages a temptation to overlook the obvious derivati...

Paying the Premium for Inadequate Evidence on Detailed Assessment - Andrew Roy, 12 Kings Bench Walk

Paying the Premium for Inadequate Evidence on Detailed Assessment - Andrew Roy, 12 Kings Bench Walk

06/07/15. Nokes v Heart of England NHS Foundation Trust Senior Court Costs Office, Master Leonard, 29 May 2015.  This case is the first reported decision on the recovery of ad...

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 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...

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...

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...

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...

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...

Bumper Damages Award in RTA but Final Determination of Costs Delayed; a Tale of Funding Based Deficiencies and Relief From Sanctions - Michael Fitzpatrick, John M Hayes

Bumper Damages Award in RTA but Final Determination of Costs Delayed; a Tale of Funding Based Deficiencies and Relief From Sanctions - Michael Fitzpatrick, John M Hayes

23/07/15. O’Brien –v- Shorrock & the MIB (2015) EWHC 1630 (QB). The Claimant had sustained personal injury and loss as a result of an RTA in 2002; a Trial had established the...

Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust - Tamar Burton, Cloisters

Memory and Clinical Negligence Trials: Tressider v Royal Cornwall Hospitals NHS Trust - Tamar Burton, Cloisters

21/07/15. In Tressider v Royal Cornwall Hospitals NHS Trust [2015] EWHC 1262 (QB) the court had a single liability issue to determine: did a child present with a visible scoliosis ...

Have We Started Yet? Commencement of Contested Hearing and CFA Uplifts - Thomas Crockett, 1 Chancery Lane

Have We Started Yet? Commencement of Contested Hearing and CFA Uplifts - Thomas Crockett, 1 Chancery Lane

19/07/15. When a trial begins is of obvious import to any litigant where one or more party is funded by a conditional fee agreement which provides for an uplift per CPR 45.16 and...

MedCo Portal Update - Mark Solon, Bond Solon

MedCo Portal Update - Mark Solon, Bond Solon

18/07/15. The new system under which all expert reports in soft tissue – that’s whiplash claims to the non-medical – must be commissioned, went live on 6th April 2015, but it has...

PI Practitioner, July 2015

PI Practitioner, July 2015

16/07/15. 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...

Not All Fun at the Farm - Kelly Langworthy & Rebecca Bowley, Ringrose Law

Not All Fun at the Farm - Kelly Langworthy & Rebecca Bowley, Ringrose Law

13/07/15. The farming industry represents approximately 1.8% of the workforce in Great Britain and being a famer or a farm hand is renowned for being a hazardous occupation. Farm...

Introducing PIcARBS, The Personal Injury Claims Arbitration Service - Andrew Richie QC, 9 Gough Square

Introducing PIcARBS, The Personal Injury Claims Arbitration Service - Andrew Richie QC, 9 Gough Square

11/07/15. The following is taken from a booklet published by PIcARBS. Many shipping, building and commercial disputes are resolved by arbitration. So why is arbitration not ...

A Broadening of Perspective or a Narrowing of the Rules? Conduct and Relief From Sanctions Following Cockell v Holton (No. 2) EWHC 1117 (TCC) - Christopher McClure, John M Hayes

A Broadening of Perspective or a Narrowing of the Rules? Conduct and Relief From Sanctions Following Cockell v Holton (No. 2) EWHC 1117 (TCC) - Christopher McClure, John M Hayes

05/07/15. It would be easy to succumb to the temptation for sensationalism and pen an article which gives the impression that a simple typing error is somehow synonymous with a p...

Three Months of MedCo: A Medical Reporting Organisation’s view - Ian Robinson, MDE Medico-Legal

Three Months of MedCo: A Medical Reporting Organisation’s view - Ian Robinson, MDE Medico-Legal

04/07/15. The latest phase of the Government’s whiplash reforms is now three months old. From April 6, 2015, all low value RTA claims must go through the MedCo Portal, which rand...

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 ...

Trial and Error: James v Ireland [2015] EWHC 1259 (QB) - Sarah Hunt, John M Hayes

Trial and Error: James v Ireland [2015] EWHC 1259 (QB) - Sarah Hunt, John M Hayes

28/06/15.  Mr James, the Defendant in a road traffic accident claim, appealed the Judgment and Order of Master Campbell on 7 August 2014. Master Campbell held that for the p...

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

23/06/15. On 11th 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 whe...

"Subtle" Brain Injury Claims - Pankaj Madan, Exchange Chambers & 12 King's Bench Walk

22/06/15. This article will give a brief overview, of “Subtle” Traumatic Brain Injury (“STBI”), what it is and how to recognise it and what causes it. We will look at whether thi...

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...

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 ...

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 ...