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A Fundamentally Wrong Decision - Steven Akerman, Brian Barr Solicitors

A Fundamentally Wrong Decision - Steven Akerman, Brian Barr Solicitors

19/11/14. One of the reasons that drove the Jackson Reforms was the alleged rampant fraud in the personal injury sector. Accident ‘victims’ (as some would have you ...

Injured Aeroplane Passengers and the Montreal Convention - Aidan Ellis, Temple Garden Chambers

Injured Aeroplane Passengers and the Montreal Convention - Aidan Ellis, Temple Garden Chambers

18/11/14. With a number of claims management companies promoting the possibility of claiming in negligence against airlines for injuries sustained inflight, it is w...

Coventry and the Incompatability of Jackson/LASPO - Steven Akerman, Brian Barr Solicitors

Coventry and the Incompatability of Jackson/LASPO - Steven Akerman, Brian Barr Solicitors

15/11/14. There were many fears permeating the legal profession in the run up to the implementation of the Jackson reforms. Hence, the race to sign up as many clien...

The Importance of Evidence of Local Standards When Bringing a Holiday Claim - Joe Smith, Bartletts Solicitors

The Importance of Evidence of Local Standards When Bringing a Holiday Claim - Joe Smith, Bartletts Solicitors

16/12/14. A recent Court of Appeal case has emphasised the importance of adducing evidence of local standards when bringing a slipping claim under the Package Travel, Package Hol...

A Review of the Case of Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ 138 - Rushmi Sethi

A Review of the Case of Wall v Mutuelle de Poitiers Assurances [2014] EWCA Civ 138 - Rushmi Sethi

14/12/14.  Matthew Chapman, and Robert Weir QC, successfully represented the claimant in both the high court and the court of appeal case of Wall v Mutuelle de Poitiers Assu...

Heneghan v Manchester Dry Docks Ltd & Others - Nick Pargeter, BLM

Heneghan v Manchester Dry Docks Ltd & Others - Nick Pargeter, BLM

13/12/14. In a successful BLM asbestos-related lung cancer case, the High Court has today held that where the claimant has been exposed to asbestos in breach of duty by more than...

For the Greater Good? Summary Dismissal, Psychiatric Injury and Remoteness - Liam Ryan, Ely Place Chambers

For the Greater Good? Summary Dismissal, Psychiatric Injury and Remoteness - Liam Ryan, Ely Place Chambers

10/12/14. While stress at work claims where a Claimant has been exposed to a lengthy and continuous period of stress recently benefited from judicial guidance (Daniel v Secretary...

Schedules, Counter Schedules and the Gadget Generation - Simon Readhead QC, 1 Chancery Lane

Schedules, Counter Schedules and the Gadget Generation - Simon Readhead QC, 1 Chancery Lane

25/11/14. No self-respecting Schedule of Loss is now complete without a hefty claim for “Assistive Technology ” items. The response in most Counter Schedules is that the Claimant i...

McDaniel & Co v Clarke (QBD Mr Justice Hickinbottom, 15th October 2014) - Rupert Cohen, Hardwicke

McDaniel & Co v Clarke (QBD Mr Justice Hickinbottom, 15th October 2014) - Rupert Cohen, Hardwicke

16/11/14. The judgment of Mr Justice Hickinbottom provided a salutary reminder to solicitors of the need to ensure that in their initial discussion with a potential client they a...

Summary of Recent Cases, November 2014

Summary of Recent Cases, November 2014

15/11/14. 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...

Part 36 and PI Claims: Truth and Myths Part II - John-Paul Swoboda, 12 King's Bench Walk

Part 36 and PI Claims: Truth and Myths Part II - John-Paul Swoboda, 12 King's Bench Walk

Part 36 was brought into existence to encourage settlement between the parties. However it can sometimes feel that as opposed to encouraging settlement Part 36 has imported an a...

Oral Applications for Relief from Sanctions - Aidan Ellis, Temple Garden Chambers

Oral Applications for Relief from Sanctions - Aidan Ellis, Temple Garden Chambers

11/11/14. Despite the best intentions of the Court of Appeal, the repercussions of Mitchell, Denton and the redrafting of CPR 3.9 continue to dominate recent High Court decisions...

Fast Paced Change in Catastrophic Brain Injury Litigation - Bill Braithwaite QC, Head of Exchange Chambers

Fast Paced Change in Catastrophic Brain Injury Litigation - Bill Braithwaite QC, Head of Exchange Chambers

08/11/14. Over the years, management of catastrophic brain injury has become increasingly specialised for lawyers, and it is interesting to see how some litigators have failed to...

Is a "Disposal Hearing" a "Final Hearing" - Paul Stanton

Is a

05/11/14. On a superficial level, the answer seems to be a fairly simple "Yes"! However, in the world of litigation, the obvious may not always be that obvious after all.......! ...

Disability in the Labour Market: Another Example Where the Actuarial Tables Could Not Be Used - Gordon Exall, Zenith Chambers

Disability in the Labour Market: Another Example Where the Actuarial Tables Could Not Be Used - Gordon Exall, Zenith Chambers

04/11/14. It is interesting to look at an example of an award for disability in the labour market being used in practice.  In the Northern Irish case of  Hazlett -v- Ro...

Changes to PD 21 of the CPR From 1st October 2014 - Thomas Crockett, 1 Chancery Lane

Changes to PD 21 of the CPR From 1st October 2014 - Thomas Crockett, 1 Chancery Lane

02/11/14. From 1 October 2014 there will be two important changes to the Practice Direction to Part 21 of the CPR which will affect the preparation and conduct of settlement appr...

Part 36: All Change Please - Gemma Witherington, Hardwicke

Part 36: All Change Please - Gemma Witherington, Hardwicke

31/10/14. Just when you thought you had got to grips with the updated Part 36 rules and post Jackson benefits, the Civil Procedure Rule Committee announced it was considering ref...

The Less Advantageous Part 36 Offer: Costs Consequence Following Variation - James Manning, Chartered Legal Executive, Plexus Law

The Less Advantageous Part 36 Offer: Costs Consequence Following Variation - James Manning, Chartered Legal Executive, Plexus Law

23/10/14. Burrett v. Mencap Limited [2014] LTL 05/09/14 and WL 4355036. What are the cost consequences of accepting a Part 36 offer where, after the relevant period under&nb...

Top Five Tips for... Video Surveillance - Sarah Venn, Hardwick

Top Five Tips for... Video Surveillance - Sarah Venn, Hardwick

19/10/14. Watch all of the surveillance - As Barabara Fari discovered, surveillance evidence can be powerful and turn a case upside down. However, both sides need to carefully a...

Recent Developments in Asbestos Litigation - Niall Maclean, 12 King’s Bench Walk

Recent Developments in Asbestos Litigation - Niall Maclean, 12 King’s Bench Walk

15/10/14. Asbestos-related illnesses continue to be litigated controversially, with no apparent let-up in the number of new claims and the complexity of the issues they generate....

Summary of Recent Cases, October 2014

Summary of Recent Cases, October 2014

15/10/14. 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...

Switching Experts - Chris Pamplin, Editor of the UK Register of Expert Witnesses

Switching Experts - Chris Pamplin, Editor of the UK Register of Expert Witnesses

14/10/14.  Chris Pamplin looks at what can be done when your expert’s opinion changes. In these days of austerity and with a cost-conscious judiciary, less leeway is li...

QOCs and Tour Operators: Further Thoughts - Matthew Chapman, 1 Chancery Lane

QOCs and Tour Operators: Further Thoughts - Matthew Chapman, 1 Chancery Lane

12/10/14. This Note is a further rumination on Frances McClenaghan’s recent post about the Court of Appeal’s very recent decision in Wagenaar . It considers the tactical implicatio...

Butcher v Southend-on-Sea Borough Council [2014] EWCA Civ 1556 - Jack Nicholls & Mike Blitz, 5 Pump Court

Butcher v Southend-on-Sea Borough Council [2014] EWCA Civ 1556 - Jack Nicholls & Mike Blitz, 5 Pump Court

15/12/14. In Butcher v Southend-on-Sea Borough Council [2014] EWCA Civ 1556, the Court of Appeal rejected any attempt to treat the various factors established as relevant to occupi...

The Claimant’s Burden: The Decision of the Court of Appeal in Lougheed v On The Beach Limited [2014] EWCA Civ 1538 - Sarah Prager, 1 Chancery Lane

The Claimant’s Burden: The Decision of the Court of Appeal in Lougheed v On The Beach Limited [2014] EWCA Civ 1538 - Sarah Prager, 1 Chancery Lane

08/12/14. Sarah Prager considers the recent decision of the Court of Appeal in Lougheed v On the Beach Limited [2014] EWCA Civ 1538 relating to the necessity for evidence of loca...

Shooting Admiral Byng - Ian Miller, 1 Chancery Lane

Shooting Admiral Byng - Ian Miller, 1 Chancery Lane

05/12/14. Admiral Byng was held responsible for the loss of Minorca in 1756. He was relieved of his command, court martialled and shot by a firing squad. Voltaire remarked of the...

Platinum Salts Sensitisation/Allergy: No Injury as the Court Follows Pleural Plaques - Alan Care, Thomson Snell & Passmore

Platinum Salts Sensitisation/Allergy: No Injury as the Court Follows Pleural Plaques - Alan Care, Thomson Snell & Passmore

02/12/14. The medical profession particularly allergists and immunologists may well be surprised by this recent High Court judgment as Jay J has apparently swept aside medical sc...

The Difference Between Winning and Losing - Bill Braithwaite QC, Head of Exchange Chambers

The Difference Between Winning and Losing - Bill Braithwaite QC, Head of Exchange Chambers

21/11/14. One of the topics I blog about most is the selection and use of experts in catastrophic injury litigation. The reason is that it is one of the most important topics; go...

Mother of Fatal Car Crash Victim Receives Large ‘Secondary Victim’ Payout - Tim Driver, Michael Lewin Solicitors

Mother of Fatal Car Crash Victim Receives Large ‘Secondary Victim’ Payout - Tim Driver, Michael Lewin Solicitors

17/11/14. Widow overcomes tough criteria to successfully claim more than £230,000 explains Tim Driver of Michael Lewin Solicitors. The limitations placed on secondary victim...

PI Practitioner, November 2014

PI Practitioner, November 2014

16/11/14. 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...

Williams & Mesothelioma Recent Cases - Alan Care, Thomson Snell & Passmore

Williams & Mesothelioma Recent Cases - Alan Care, Thomson Snell & Passmore

14/11/14. Williams v University of Birmingham – a dangerous precedent given the “lost cause for defendants”. Each case must be judged on its own facts. But the judgment in W...

FREE CHAPTER: 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie

FREE CHAPTER: 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie

10/11/14. A free chapter from the new book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie,  A clear but comprehensive guide to road traffi...

Can Incidents of Medical Negligence Be Reduced if NHS Trusts Shared More Data and Information on Medical Errors? - Jeanette Whyman, Wright Hassall

Can Incidents of Medical Negligence Be Reduced if NHS Trusts Shared More Data and Information on Medical Errors? - Jeanette Whyman, Wright Hassall

09/11/14. It would be a truth universally acknowledged among sensible people that the sharing of information on best practice, and the identification of meaningful trends gleaned...

Mesothelioma and the New Era of Low Dose Asbestos - Alan Care, Thomson Snell & Passmore

Mesothelioma and the New Era of Low Dose Asbestos - Alan Care, Thomson Snell & Passmore

07/11/14. This is the era of low dose mesothelioma claims. Some higher dose worker claims will continue to arise but the number of claimants will continue to fall over the next c...

Loss of Earnings: the “Ogden Approach” in Practice: Two Cases Examined - Gordon Exall, Zenith Chambers

Loss of Earnings: the “Ogden Approach” in Practice: Two Cases Examined - Gordon Exall, Zenith Chambers

03/11/14. Several years ago the notes to the Actuarial Tables set out a more “scientific” means of assessing damages for future loss of earnings. In essence this is done by using...

Developments in Fundamental Dishonesty - Martyn Griffiths, Hardwick

Developments in Fundamental Dishonesty - Martyn Griffiths, Hardwick

01/11/14. Personal injury practitioners will be aware of the significance of a finding of fundamental dishonesty in the context of Qualified One-Way Costs Shifting ( “QoCs” ) follo...

Editorial: No Information - Aidan Ellis, Temple Garden Chambers

Editorial: No Information - Aidan Ellis, Temple Garden Chambers

29/10/14. In claims arising from road traffic accidents, where the Insurer has concerns about the claim presented, it is becoming increasingly difficult to advise the Claimant ab...

RTA Protocol: Late Final Payments Are Not a Ticket to Greater Costs - Matthew Hoe, Jaggards & Taylor Rose Law

RTA Protocol: Late Final Payments Are Not a Ticket to Greater Costs - Matthew Hoe, Jaggards & Taylor Rose Law

28/10/14. Can a claimant tear up the agreement and issue Part 7 proceedings for the damages if the defendant fails to pay damages and/or costs within 10 days of a settlement at S...

Jackson Takes Stock - Flora Wood, Ashfords Solicitors

Jackson Takes Stock - Flora Wood, Ashfords Solicitors

27/10/14. In a keynote speech on 30 September 2014, Lord Jackson reminded us of his vision for the future. Whilst the Rule Committee has introduced new fixed costs rules for...

Does Fatal Accident Legislation Treat Gay Men and Gay Women Differently? - Gordon Exall, Zenith Chambers

Does Fatal Accident Legislation Treat Gay Men and Gay Women Differently? - Gordon Exall, Zenith Chambers

25/10/14. As currently drafted the Fatal Accidents Act 1976 could treat gay men and gay women differently. Here I look at the reason why and examine the possible solution.  S...

Awarding Aggravated Damages in Sexual Abuse Claims - Helen Nugent, No 18 Chambers

Awarding Aggravated Damages in Sexual Abuse Claims - Helen Nugent, No 18 Chambers

22/10/14. With the ongoing process of Operation Yewtree and the decision of the Yorkshire Police last month to commission an independent investigation into its handling of the Ro...

Vnuk: End of the Road? - Nicholas Bevan, Solicitor, Mediator, Consultant and Trainer

Vnuk: End of the Road? - Nicholas Bevan, Solicitor, Mediator, Consultant and Trainer

20/10/14. On 4th September the Court of Justice of the European Union (CJEU) delivered what is arguably its most important ruling to date on the scope of compulsory third party m...

PI Practitioner, October 2014

PI Practitioner, October 2014

16/10/14. 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...