This site uses cookies.
FREE BOOK SAMPLE: Rates (From 'Ellis and Kevan on Credit Hire - 5th Edition' by Aidan Ellis & Tim Kevan)

FREE BOOK SAMPLE: Rates (From 'Ellis and Kevan on Credit Hire - 5th Edition' by Aidan Ellis & Tim Kevan)

01/12/16.  “the major protection for the defendant and his insurers is that the claimant can only recover the ‘spot’ or market rate of hire”...

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...

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

20/01/16. 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...

Range of Opinion in PI Prognosis 2016 - Dr Mark Burgin

Range of Opinion in PI Prognosis 2016 - Dr Mark Burgin

06/01/16. 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 injury.

Why ...

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...

Jackson’s Children: Recoverability of Success Fees in Child Claimant Cases - Jake Rowley, Farrar’s Building

Jackson’s Children: Recoverability of Success Fees in Child Claimant Cases - Jake Rowley, Farrar’s Building

07/12/16. With the implementation of the Jackson Reforms came a complete overhaul of the status and recoverability of success fees and ATE premiums. Gone were the days of present...

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...

Occupiers Liability and Highways Claims Converge - Jack Harding, 1 Chancery Lane

Occupiers Liability and Highways Claims Converge - Jack Harding, 1 Chancery Lane

03/12/16. In Edwards v London Borough of Sutton (2016) EWCA Civ 1005 McCombe LJ expressed the view that “ not every accident (even if it has serious consequences) has to have been t...

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...

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 now. Each time I do, I see at leas...

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

18/01/16. 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...

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)

10/01/16. 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...

'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...

There Are More Ways than One to Skin a Cat - Chris Booth Forbes Solicitors

There Are More Ways than One to Skin a Cat - Chris Booth Forbes Solicitors

05/12/16. A finding of fundamental dishonesty is not the only way to have QOCS dis-applied. CPR 44.15 is lesser known and is often overlooked in favour of CPR 44.16, however it p...

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

FREE BOOK SAMPLE: 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 ...