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Rad Hamed: Club Breached its Duty - Diane Rostron, Linder Myers Solicitors

Rad Hamed: Club Breached its Duty - Diane Rostron, Linder Myers Solicitors

08/04/15. Diane Rostron, medical negligence partner at Linder Myers Solicitors, talks about her recent case against Tottenham Hotspur and a Harley Street cardiologist ...

Litigation Tactics - Andrew Mckie, Clerksroom

Litigation Tactics - Andrew Mckie, Clerksroom

23/03/15. It is arguable that the Witness Statement is likely to be the most important document in the entire case for both the Claimant and the Defendant. It may be argue...

Vehicular Trespass to the Person; Battery, Self-Defence, Ex Turpi Causa and Volenti Non Fit Injuria - Andrew Roy, 12 Kings Bench Walk

Vehicular Trespass to the Person; Battery, Self-Defence, Ex Turpi Causa and Volenti Non Fit Injuria - Andrew Roy, 12 Kings Bench Walk

17/03/15. Flint v (1) Tittensor (2) MIB [2015] EWHC 466 (QB).  This case provides an enlightening illustration of the liability principles applicable when a driver uses...

Director’s Liability for Lack of Employer’s Liability Insurance - Douglas McGregor, Brodies LLP

Director’s Liability for Lack of Employer’s Liability Insurance - Douglas McGregor, Brodies LLP

07/04/15. The decision by the Inner House of the Court of Session to allow the defender’s appeal in Campbell v Peter Gordon Joiners Ltd & Anr [2015] CSIH 11 has opened up the...

Stevens v Equity Syndicate Management Ltd; Is the “Hammer Blow” to the Credit Hire Companies the End of the Matter? - Georgina Crawford, Farrar’s Building

Stevens v Equity Syndicate Management Ltd; Is the “Hammer Blow” to the Credit Hire Companies the End of the Matter? - Georgina Crawford, Farrar’s Building

01/04/15. This significant appellate decision handed down at the end of February impacts upon the main arguments going to the issue of “rate” in credit hire claims which are rout...

Editorial: Basic Hire Rates - Aidan Ellis, Temple Garden Chambers

Editorial: Basic Hire Rates - Aidan Ellis, Temple Garden Chambers

24/03/15. The Court of Appeal decision on Basic Hire Rates in Stevens v Equity Syndicate Management Ltd [2015] EWCA 93 is attracting considerable debate, with four articles in this...

Protecting the Public Purse: Fighting Fraud Against Local Authorities - Jonathan Collins & Fiona James & Denise Brosnan & Arun Chauhan, DWF

Protecting the Public Purse: Fighting Fraud Against Local Authorities - Jonathan Collins & Fiona James & Denise Brosnan & Arun Chauhan, DWF

22/03/15. The team examines the recently published report by the Audit Commission “Protecting the Public Purse 2014: fighting fraud against local government” and draw out the key...

Vehicle Related Damages, Credit Hire and Taxi Claims - Andrew Mckie, Clerksroom

Vehicle Related Damages, Credit Hire and Taxi Claims - Andrew Mckie, Clerksroom

21/03/15. For any fee earners dealing with RTA claims, one of the most important areas is vehicle related damages and taxi claims. This area of practice will often form one of th...

Club, Cardiologist and an Avoidable Tragedy - Laurence Vick, Michelmores

Club, Cardiologist and an Avoidable Tragedy - Laurence Vick, Michelmores

19/03/15. The recent High Court judgment in favour of Rad Hamed, the 'extremely gifted and dedicated' young footballer who suffered a cardiac arrest and devastating brain damage ...

A Confusing Approach to Basic Hire Rates - Richard Wilcock, Palmyra Chambers

A Confusing Approach to Basic Hire Rates - Richard Wilcock, Palmyra Chambers

18/13/15. On the 3rd March 2015, the Court of Appeal delivered the latest assault on credit hire litigation in Stevens v Equity Syndicate Management Ltd. The Judgment delivered by ...

Latest Portal Company Data Shows Trends Which Are Not Easy to Ignore - Simon Denyer, DWF

Latest Portal Company Data Shows Trends Which Are Not Easy to Ignore - Simon Denyer, DWF

16/03/15. February's data from the Portal Company seems to confirm the view that the reductions in the number of new claims which we had seen to all 4 of the portals over the las...

A Stark Reminder to Comply: Cox v Woodlands Manor Care Home Ltd [2015] (Unreported) - Johanne Johnston, John M Hayes

A Stark Reminder to Comply: Cox v Woodlands Manor Care Home Ltd [2015] (Unreported) - Johanne Johnston, John M Hayes

16/03/15. This case was heard in the Court of Appeal in January 2015 when the Cancellation of Contracts made in the Consumer’s Home or Workplace etc. Regulations 2008 were put in...

Beat The QOCS: Costs in Personal Injury Claims Following Jackson - Patrick West, St John's Chambers

Beat The QOCS: Costs in Personal Injury Claims Following Jackson - Patrick West, St John's Chambers

15/03/15. Patrick West looks at the growing impact of one of the most important costs consequences of the Jackson reforms and what it means for Claimants and Defendants seeking t...

Summary of Recent Cases, March 2015

Summary of Recent Cases, March 2015

15/03/15. 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...

Totham v Kings College Hospital NHS Foundation Trust (2015): Rehabilitation & the Lost Years - Daniel Clegg, DWF

Totham v Kings College Hospital NHS Foundation Trust (2015): Rehabilitation & the Lost Years - Daniel Clegg, DWF

12/03/15. The recent judgment in Totham v Kings College Hospital NHS Foundation Trust (2015)  covers a range of issues involved in the quantification of damages following a br...

A Brief Guide to The Insurance Act 2015 - James Gibbons, Browne Jacobson LLP

A Brief Guide to The Insurance Act 2015 - James Gibbons, Browne Jacobson LLP

11/03/15. The Insurance Act 2015 (“the Act”) has brought about the most significant changes to commercial insurance law in over 100 years. The changes will come into force in Aug...

Heracles, the Hydra and Basic Hire Rates - Ian Miller, 1 Chancery Lane

Heracles, the Hydra and Basic Hire Rates - Ian Miller, 1 Chancery Lane

09/03/15. In Greek mythology the Hydra was a serpent-like water monster with many heads. For every head cut off it grew two more. It had poisonous breath and blood so virulent th...

A Logical Approach to BHR - Jamie Whaling, Browne Jacobson LLP

A Logical Approach to BHR - Jamie Whaling, Browne Jacobson LLP

03/03/15. The Court of Appeal has handed down a significant judgment in a test case on basic hire rate (BHR) evidence. The decision in Stevens v Equity Syndicate Management Limited,...

How to Avoid Professional Negligence in Personal Injury Work: A New Era of Meaningful Performance & Risk Management - Lesley Graves, Citadel Law

How to Avoid Professional Negligence in Personal Injury Work: A New Era of Meaningful Performance & Risk Management - Lesley Graves, Citadel Law

24/02/15. Almost two years since the introduction of LASPO, many claimant personal injury firms are exposing themselves to the considerable threat of professional negligence clai...

Blankley v Central Manchester NHS [2015] EWCA Civ 18: A Narrow Issue? - Matthew Smith, Kings Chambers

Blankley v Central Manchester NHS [2015] EWCA Civ 18: A Narrow Issue? - Matthew Smith, Kings Chambers

20/02/15. The claimant was very seriously injured by the defendant’s clinical negligence. Her capacity to litigate fluctuated. When she had capacity she agreed a CFA with her sol...

The Global Scope of Employer's Liability - Jack Harding, 1 Chancery Lane

The Global Scope of Employer's Liability - Jack Harding, 1 Chancery Lane

18/02/15. It is trite law that an employer’s duty to its employees is non-delegable. The duty is to take reasonable care to see that the employee is not exposed to unnecessary ri...

Summary of Recent Cases, February 2015

Summary of Recent Cases, February 2015

15/02/15. 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...

Jeyakanthan Rengasamy v Homebase Ltd (Lawtel, 23 January 2015, Knowles J) - Michele De Gregorio, Crown Office Chambers

Jeyakanthan Rengasamy v Homebase Ltd (Lawtel, 23 January 2015, Knowles J) - Michele De Gregorio, Crown Office Chambers

14/02/15. Appeal against case management decision refusing permission for parties' engineering experts to give oral evidence at trial.  Michele De Gregorio  appeared for ...

The Regulatory Burden of Meeting With Clients in Their Homes - Alex Bagnall, Just Costs Solicitors

The Regulatory Burden of Meeting With Clients in Their Homes - Alex Bagnall, Just Costs Solicitors

17/04/15. Alex Bagnall, Associate at Just Costs Solicitors, analyses the impact on solicitors of consumer protection legislation following Cox v Woodlands Manor Care Home Ltd (2015...

Vnuk and the MIB: Misapplying the Law for Over 20 Years - Stephanie Price, Bolt Burdon Kemp

Vnuk and the MIB: Misapplying the Law for Over 20 Years -  Stephanie Price, Bolt Burdon Kemp

02/04/15. The judgment in the case of Damijan Vnuk v Zavarovalcina Triglav C-162/13 (Vnuk) was handed down in September 2014, however personal injury practitioners and insurers a...

Employers’ Liability: Nabelsi v Dudley MBC - James Neale, DWF

Employers’ Liability: Nabelsi v Dudley MBC - James Neale, DWF

26/03/15. James Neale extracts some useful pointers from the successful defence of a recent employers' liability claim involving a snow and ice slip and breach of duty.

Facts

The c...

Liability Scenarios - Andrew Mckie, Clerksroom

Liability Scenarios - Andrew Mckie, Clerksroom

22/03/15. It may be argued that a road traffic accident liability dispute can sometimes be as complicated, if not more complicated, than other types of accidents such as employer...

Occupiers’ Liability: When an Inspection May Not Be Reasonable Enough - Liz Harrison & Perry Hill, DWF

Occupiers’ Liability: When an Inspection May Not Be Reasonable Enough - Liz Harrison & Perry Hill, DWF

20/03/15. Liz Harrison and Perry Hill review the recent case of Butcher v Southend-on Sea Borough Council (2014) in which the Court of Appeal considered whether the existence of a ...

The Enterprise and Regulatory Reform Act 2013: Good News for the Public Sector? - Sue Howes & Paul Donnelly, DWF

The Enterprise and Regulatory Reform Act 2013: Good News for the Public Sector? - Sue Howes & Paul Donnelly, DWF

18/03/15. Balancing the burden of health and safety legislation, whilst maintaining progress in health and safety outcomes is an ongoing challenge for the all businesses and the ...

PI Practitioner, March 2015

PI Practitioner, March 2015

16/03/15. 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...

Part 36 Continues It’s Perilous Journey - Gary Beazleigh, Plexus Law

Part 36 Continues It’s Perilous Journey - Gary Beazleigh, Plexus Law

14/03/15. The confusion surrounding Part 36 has been challenging for practitioners wading through the negotiation process for some time. In an attempt to introduce further clarit...

Loss of Future Earning Capacity: the Ogden Approach - Caroline Hickerton, DWF

Loss of Future Earning Capacity: the Ogden Approach - Caroline Hickerton, DWF

14/03/15. In Billett v Ministry of Defence (2014) the High Court had to assess a claim for future loss of earnings. In doing so, Andrew Edis QC considered how to apply, if at all, ...

Choosing Your Ground: Early Prevention, the Employment Tribunal and Injuctions in Stress at Work Claims - Liam Ryan, Ely Place Chambers

Choosing Your Ground: Early Prevention, the Employment Tribunal and Injuctions in Stress at Work Claims - Liam Ryan, Ely Place Chambers

13/03/15.  Liam Ryan considers the impact the Equality Act 2010 can have in cases of Stress at Work cases, namely in pre-empting, strengthening and preventing claims. He als...

Karl Stevens v Equity Syndicate Management Limited: Counsel’s Briefing Note - Steven Turner, Park Lane Plowden Chambers

Karl Stevens v Equity Syndicate Management Limited: Counsel’s Briefing Note - Steven Turner, Park Lane Plowden Chambers

11/03/15. Steven Turner, Counsel for the Respondent in this groundbreaking case, gives his analysis of the Court of Appeal decision. On 26th February 2015, the Court of Appe...

Accidents Abroad, the Need for Evidence of Local Standards: Lougheed v On the Beach Ltd [2014] EWCA Civ 1538 - Elliot Kay, Zenith Chambers

Accidents Abroad, the Need for Evidence of Local Standards: Lougheed v On the Beach Ltd [2014] EWCA Civ 1538 - Elliot Kay, Zenith Chambers

04/03/15. A holidaymaker who sustained personal injuries from slipping on a wet staircase in a hotel in Spain succeeded at first instance in a claim against the holiday operator....

A New Approach to Basic Hire Rates: Karl Stevens v Equity Syndicate Management Ltd [2015] EWCA Civ 93 - Isaac Hogarth, 12 King's Bench Walk

A New Approach to Basic Hire Rates: Karl Stevens v Equity Syndicate Management Ltd [2015] EWCA Civ 93 - Isaac Hogarth, 12 King's Bench Walk

02/03/15. In arguably the most important decision on the calculation of the basic hire rate (BHR) in credit hire litigation since Bent v Highways and Utilities Construction (No. 2...

Personal Injury Case Review Scotland 2014: Part 2 - Douglas McGregor, Brodies LLP

Personal Injury Case Review Scotland 2014: Part 2 - Douglas McGregor, Brodies LLP

27/02/15. A look back at some of the significant and interesting Scottish personal injury decisions from 2014 continues with cases involving children & limitation, a slippery...

Investigating Indemnity, The 1988 Road Traffic Act and Vicarious Liability - Andrew Mckie, Clerksroom

Investigating Indemnity, The 1988 Road Traffic Act and Vicarious Liability - Andrew Mckie, Clerksroom

26/02/15. Indemnity is an important area of law for practitioners dealing with road traffic claims. Whilst this is an area of law often more relevant to those undertaking allegat...

Editorial: Online Dispute Resolution - Aidan Ellis, Temple Garden Chambers

Editorial: Online Dispute Resolution - Aidan Ellis, Temple Garden Chambers

25/02/15. In February 2015, the working party of the Civil Justice Council produced a report on Online Dispute Resolution (“ODR”). Their recommendation is to create an online cou...

Injuring the Already Injured - Dr Jock Mackenzie, Anthony Gold Solicitors

Injuring the Already Injured - Dr Jock Mackenzie, Anthony Gold Solicitors

23/02/15. In Christine Reaney v (1) University Hospital of North Staffordshire NHS Trust (2) Mid Staffordshire NHS Foundation Trust [2014] EWHC 3016 (QB), Foskett J. had to consi...

Quantum: General Damages, Common Heads of Loss in RTA Claims (Non-Vehicle Related Damages) and Avoiding Negligence Claims - Andrew Mckie, Clerksroom

Quantum: General Damages, Common Heads of Loss in RTA Claims (Non-Vehicle Related Damages) and Avoiding Negligence Claims  - Andrew Mckie, Clerksroom

21/02/15. With the introduction of the Low Value Portal, it has now become more important than ever for all fee earners to be able to value RTA claims up to and including £25,000...

Railing Against Expanding Highway Authorities' Duties of Care - Andrew Spencer, 1 Chancery Lane

Railing Against Expanding Highway Authorities' Duties of Care - Andrew Spencer, 1 Chancery Lane

19/02/15. There is a very useful discussion in the recent case of Foulds v Devon County Council about the nature of a highway authority’s common law duty to road users.

The issue in...

Exploding the Myth of ‘Compensation Culture’ - John Spencer, Spencers Solicitors (President of the Association of Personal Injury Lawyers)

Exploding the Myth of ‘Compensation Culture’ - John Spencer, Spencers Solicitors (President of the Association of Personal Injury Lawyers)

17/02/15. The term ‘compensation culture’ has been a favourite media buzzword in recent years with both journalists and politicians quick to point to a rise in spurious claims. I...