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Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chambers) and Kenneth Clifford [2015] EWCA Civ 1329 - Sophie Beesley, Old Square Chambers

Criminal Injuries Compensation Authority v First-tier Tribunal (Social Entitlement Chambers) and Kenneth Clifford [2015] EWCA Civ 1329 - Sophie Beesley, Old Square Chambers

19/01/16. Under the Criminal Injuries Compensation Scheme 2008, minor multiple injuries can only qualify for compensation if they necessitate at least two visit ...

Twenty Five Years Plus - Deborah Evans, APIL Chief Executive

Twenty Five Years Plus - Deborah Evans, APIL Chief Executive

08/01/15. After 25 years of turning up to almost every fight, if not all, on behalf of injured people, it would now be inconceivable for APIL not to be involved ...

Material Contribution: The Search for the Elusive Third Way - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

Material Contribution: The Search for the Elusive Third Way - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

07/01/16. In Bailey v the Ministry of Defence [2009] 1WLR 1052, Lord Justice Waller stated, “ In a case where medical science cannot establish the probability...

Maximising Fixed Costs: in the Protocol and Out of It - Jasmine Murphy, Hardwick

Maximising Fixed Costs: in the Protocol and Out of It - Jasmine Murphy, Hardwick

01/02/16. With costs for low value PI claims being stripped to bare bones and further cuts on the horizon, maximising fixed costs is essential. In this article, Jasmine Murphy as...

Editorial: Civil Claims for Assault - Aidan Ellis, Temple Garden Chambers

Editorial: Civil Claims for Assault - Aidan Ellis, Temple Garden Chambers

27/01/16. Concern is often expressed in the media about the low rate of criminal convictions – and indeed the high attrition rate of cases which do not reach trial at all – in ca...

A Brief Review of the Research Findings of Increased Risk of Dementia in Association With a Traumatic Brain Injury - Dr Linda Monaci

A Brief Review of the Research Findings of Increased Risk of Dementia in Association With a Traumatic Brain Injury - Dr Linda Monaci

22/01/16. In civil law cases provisional damages can be awarded if the disease or deterioration is serious, which means beyond ordinary deterioration and if the risk of disease or ...

Summary of Recent Cases, January 2016

Summary of Recent Cases, January 2016

16/01/16. 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...

T’is the Season to Be Techie - Simon Readhead QC, 1 Chancery Lane

T’is the Season to Be Techie - Simon Readhead QC, 1 Chancery Lane

13/01/16. This is the time of year for families… and for gadgets. Lots of them! In particular, smartphones. An average 65% of children in the UK aged between 8 and 11 now have th...

Escaping the QOWCS Web - Jasmine Murphy, Hardwicke

Escaping the QOWCS Web - Jasmine Murphy, Hardwicke

10/01/16. One of the effects of QOWCS has been to encourage claimants to bring personal injury claims with only very modest prospects of success because they have the security of...

Autumn Statement for PI Lawyers - Ella Davis, 1 Chancery Lane

Autumn Statement for PI Lawyers - Ella Davis, 1 Chancery Lane

03/01/16. The government has released a summary of the Autumn Statement with 20 Key Announcements, the last of which will be of great interest to personal injury lawyers. It reads ...

Editorial: Autumn Statement - Aidan Ellis, Temple Garden Chambers

Editorial: Autumn Statement - Aidan Ellis, Temple Garden Chambers

16/12/15. Two potentially dramatic announcements were buried within the Chancellor’s recent Autumn statement. Under the heading ‘lower household bills’, the Chancellor announced ...

QOCS and Strike Out - Rebecca Jones, Hardwicke

QOCS and Strike Out - Rebecca Jones, Hardwicke

15/12/15. There are many areas of the QOCS regime where the approach of the courts remains uncertain in the absence of detailed guidance in the CPR. We have seen reported cases r...

Summary of Recent Cases, December 2015

Summary of Recent Cases, December 2015

15/12/15. 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...

The 2015 Rehabilitation Code: Case Managers now required to adhere to NICE Guidelines - Daniel Clegg, DWF

The 2015 Rehabilitation Code: Case Managers now required to adhere to NICE Guidelines - Daniel Clegg, DWF

12/12/15. At the end of September the IUA/ABI working party completed its review of the 2007 Rehabilitation Code of Best Practice by publishing the updated Code. In this article ...

No Assignment of CFAs, Says the County Court - Geoffrey Weddell, 1 Chancery Lane

No Assignment of CFAs, Says the County Court - Geoffrey Weddell, 1 Chancery Lane

11/12/15. If a claimant is pursuing a personal injuries claim funded by a CFA, and the solicitors’ firm goes into administration, can the CFA be assigned to a new firm? No, says ...

Edwards v Kumarasamy: Landlords Tripped Up - Andrew Brookes, Anthony Gold

Edwards v Kumarasamy: Landlords Tripped Up - Andrew Brookes, Anthony Gold

10/12/15. The Court of Appeal in Edwards v Kumarasamy has extended the liability of landlords who own flats in blocks, even where the common parts are owned by a third party.&nbs...

The English Claimant and the French Uninsured Tortfeasor: Claims Against the MIB - Matthew Chapman, 1 Chancery Lane

The English Claimant and the French Uninsured Tortfeasor: Claims Against the MIB - Matthew Chapman, 1 Chancery Lane

08/12/15. Marshall & Pickard v MIB & Others  [2015] EWHC 3421 (QB).  These claims arose out of a road traffic accident in the municipality of Thiais, France on 19...

CPR 35.1: When Is Expert Evidence ‘Reasonably Required’? Part 1 - Tom Collins, 1 Chancery Lane

CPR 35.1: When Is Expert Evidence ‘Reasonably Required’? Part 1 - Tom Collins, 1 Chancery Lane

06/12/15. Expert evidence is often talked of in terms of parties’ ‘rights’, i.e. to a fair trial or for equality of arms. In the field of PI and Clinical Negligence, it is taken ...

Late Switch of Surgeon: Can This Invalidate Consent? Jones v Royal Devon and Exeter NHS Foundation Trust - James Counsell, Outer Temple Chambers

Late Switch of Surgeon: Can This Invalidate Consent? Jones v Royal Devon and Exeter NHS Foundation Trust - James Counsell, Outer Temple Chambers

04/12/15.  James Counsell reports on a successful claim based on lack of consent, in which a patient was told, only on the day of the operation, that her spinal surgery was ...

Practice, Procedure and Fair Proceedings in the Coroner’s Court: Wilson -v- HM Senior Coroner for Birmingham and Solihull - Gordon Exall, Barrister, Zenith Chambers & Hardwicke

Practice, Procedure and Fair Proceedings in the Coroner’s Court: Wilson -v- HM Senior Coroner for Birmingham and Solihull - Gordon Exall, Barrister, Zenith Chambers & Hardwicke

01/12/15. In  Wilson -v- HM Senior Coroner for Birmingham and Solihul l [2015] ewhc 2561 (Admin) l the Divisional Court rejected an application for judicial review of a Corone...

Time to Motor on With Reform - Matthew Channon

Time to Motor on With Reform - Matthew Channon

26/11/15. Matthew Channon presents an analysis of the UK laws on motor insurance which seem to be non-compliant with European Law, and suggests some potential reforms.

There is ve...

Part 36 Offers: Whether Genuine Attempt to Settle - Andrew Cousins, DWF

Part 36 Offers: Whether Genuine Attempt to Settle - Andrew Cousins, DWF

23/11/15. MVN (R on the application of) v London Borough of Greenwich
High Court (Admin) 10 July 2015

When Part 36 was reformed in April, one of the amendments was aimed at address...

Fixed Recoverable Costs Can Apply to Multi-Track Cases - Judy Dawson, Park Square Barristers

Fixed Recoverable Costs Can Apply to Multi-Track Cases - Judy Dawson, Park Square Barristers

22/11/15. The new fixed recoverable costs regime has been widely trumpeted as being exclusive to the fast track, indeed many Defendant insurance practitioners have been wary of p...

PI Practitioner, January 2016

PI Practitioner, January 2016

26/01/16. 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...

Vicarious Liability: Footballers, Assault and 'Initiation Ceremonies' - Gordon Exall, Zenith Chambers & Hardwicke

Vicarious Liability: Footballers, Assault and 'Initiation Ceremonies' - Gordon Exall, Zenith Chambers & Hardwicke

25/01/16. It is well known that recently  the Supreme Court heard a number of appeals in relation to vicarious liability, particularly for assaults by employees. While the dec...

Quantity Not Quality - Ella Davis, 1 Chancery Lane

Quantity Not Quality - Ella Davis, 1 Chancery Lane

20/01/16. The decision of Foskett J in Reaney v University Hospital of North Staffordshire NHS Trust  [2014] EWHC 3016 (QB) (rightly) caused some excitement in the legal blogos...

Scottish Accidents, English Defendants: When Always Isn’t - Philip Mead, Old Square Chambers

Scottish Accidents, English Defendants: When Always Isn’t - Philip Mead, Old Square Chambers

18/01/16. Should proceedings be issued in England or Scotland where the accident occurred in Scotland, but the Defendant is domiciled in England and Wales? Does the principle of ...

A Look at the New Fatal Accident Inquiries Legislation in Scotland - Jonathan Cornwell, Brodies

A Look at the New Fatal Accident Inquiries Legislation in Scotland - Jonathan Cornwell, Brodies

14/01/16. Fatal Accident Inquiries (FAIs) featured prominently in the Scottish mainstream media during 2015. Following the tragic events of 22nd December 2014 (when a bin lo...

Should Cycling Helmets Be Made Compulsory? - Colm Nugent, Hardwicke

Should Cycling Helmets Be Made Compulsory? - Colm Nugent, Hardwicke

12/01/16. The apparently never-ending debate about whether cycling helmets should be mandatory for all cyclists resurfaced again with an article in the Guardian (12/10/15) looking ...

Top Personal Injury Decisions of the Court of Appeal in 2015 - Ian Miller, 1 Chancery Lane

Top Personal Injury Decisions of the Court of Appeal in 2015 - Ian Miller, 1 Chancery Lane

11/01/15. The Court of Appeal made a number of important decisions in 2015 in the field of personal injury. Ella Davis and Ian Miller review some of the most important of them fo...

Qader v Esure: Ex-Protocol Claims Attract Fixed Costs Even on the Multi-Track - Martyn Griffiths, Hardwicke

Qader v Esure: Ex-Protocol Claims Attract Fixed Costs Even on the Multi-Track - Martyn Griffiths, Hardwicke

09/01/16. On 15 October 2015, HHJ Grant sitting in the County Court at Birmingham handed down judgment in Qader & Others v Esure Services Limited [2015] EWHC B18 (TCC) on an ap...

Pedestrians On the Pavement v Buses - Gemma Witherington, Hardwicke

Pedestrians On the Pavement v Buses - Gemma Witherington, Hardwicke

06/01/16. It has been widely reported in recent years that London buses are involved in two accidents per day. Some of these accidents are claims by pedestrians who have been str...

CPR 35.1: When Is Expert Evidence ‘Reasonably Required’? Part 2 - Tom Collins, 1 Chancery Lane

CPR 35.1: When Is Expert Evidence ‘Reasonably Required’? Part 2 - Tom Collins, 1 Chancery Lane

04/01/16.  The second case dealing with the proper approach to applications under r. 35.1 is Nuemann v Camel [2015] LTL 29/10/15 . In this case, the claimant had been inj...

Scottish Costs Reforms: Round up of Recent Scottish Decisions - Peter Demick, Brodies LLP

Scottish Costs Reforms: Round up of Recent Scottish Decisions - Peter Demick, Brodies LLP

 

18/12/15.  The year 2015 has seen significant developments in the Scottish litigation landscape, particularly flowing from the significant court reforms covered closel...

Fixed Fees in Clinical Negligence Cases - Nina Ali, Jones & Allen

Fixed Fees in Clinical Negligence Cases - Nina Ali, Jones & Allen

17/12/15. With the consultation on fixed fees in clinical negligence cases now delayed until early 2016, Nina Ali, partner at Hodge Jones & Allen, urges the Government to rec...

PI Practitioner, December 2015

PI Practitioner, December 2015

16/12/15. 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...

Prima Facie 'Fraudulent' Costs Claims Not to Be Struck Out Without Trial - Alex Bagnall, Just Costs Solicitors

Prima Facie 'Fraudulent' Costs Claims Not to Be Struck Out Without Trial - Alex Bagnall, Just Costs Solicitors

14/12/15. The Court of Appeal has dealt with the question of how Courts should handle with allegations of the fraudulent misclaiming of costs where there is strong prima facie evid...

Predictably Unpredictable: Fatal Claims in Scotland Remain Inconsistent and Uncertain - Andrew Lothian, DWF

Predictably Unpredictable: Fatal Claims in Scotland Remain Inconsistent and Uncertain - Andrew Lothian, DWF

13/12/15. Young v MacVean, Inner House, Court of Session, 29 September 2015. It had been thought that Currie v Esure (2014) might operate as benchmark for awards in ...

Stroke Caused by Beauty Facial Case Settles - Kiril Waite, 1 Chancery Lane

Stroke Caused by Beauty Facial Case Settles - Kiril Waite, 1 Chancery Lane

09/12/15. Claims against negligent beauticians and the like are not altogether uncommon. The injuries tend to be dermatological in nature consequent of some allergic reaction to ...

Court of Appeal Highlights the Importance of Not Imposing an Unrealistic Duty of Care on Motorists - Peter Blake, DWF

Court of Appeal Highlights the Importance of Not Imposing an Unrealistic Duty of Care on Motorists - Peter Blake, DWF

07/12/15. Horner v Norman, Court of Appeal, 21 October 2015.  In this case which recently came before the Court of Appeal. It was the claimant pedestrian’s appeal a...

Loss of Earnings and Disability in the Labour Market for Injuries Arising as a Result of Sexual Abuse - Gordon Exall, Zenith Chambers & Hardwicke

Loss of Earnings and Disability in the Labour Market for Injuries Arising as a Result of Sexual Abuse - Gordon Exall, Zenith Chambers & Hardwicke

02/12/15.   In  BDA -v- Domenico Quirino [2015] EWHC 2974 (QB) His Honour Judge Wood considered the issue of loss of earnings in the case of a victim of sexual abuse. ...

Apil's Response to the Chancellor’s Autumn Statement

Apil's Response to the Chancellor’s Autumn Statement

26/11/15. George Osborne said yesterday that the government will consult on ending the right to cash compensation for minor whiplash injuries. In response, Jonathan Wheeler, the ...

Editorial: Reflections on Costs Management - Aidan Ellis, Temple Garden Chambers

Editorial: Reflections on Costs Management - Aidan Ellis, Temple Garden Chambers

25/11/15. Now that costs budgeting has been a feature of civil litigation, at least on the multi-track, for some time, it ought to be possible to offer some considered assessment...