This site uses cookies.
FREE BOOK CHAPTER: The Basics of Advocacy (from 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams)

FREE BOOK CHAPTER: The Basics of Advocacy (from 'Arguments and Tactics for Personal Injury and Clinical Negligence Claims' by Dorian Williams)

24/11/17.  This is the complete Chapter One from our new book, ‘Arguments and Tactics for Personal Injury and Clinical Negligence Claims’ ...

Patient Consent and the Law: 3 Reasons Why It Matters - Paul Sankey, Enable Law

Patient Consent and the Law: 3 Reasons Why It Matters - Paul Sankey, Enable Law

10/11/17. Montgomery and a Doctor's Duty in Advising – The Supreme Court's decision in Montgomery v Lanarkshire Health Board changed the l...

Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies

Court of Session Offers Useful Guidance in the Assessment of Damages for Fatal Claims - Lauren Baillie, Brodies

30/10/17. In Manson v Henry Robb Ltd [2017] CSOH 126, a recent judgement from the Court of Session, Lord Clarke rejected the use of a tariff sy...

Expert Evidence and Experts' Duties in Clinical Negligence Cases - Kirsten Wall, Leigh Day

Expert Evidence and Experts' Duties in Clinical Negligence Cases - Kirsten Wall, Leigh Day

19/10/17. As increasing numbers of clinical negligence cases are reaching trial, so are the number of medical experts being called on to give e...

Is the Tide Turning? Sanction for Counsel Refused Again - Kate Donachie, Brodies

Is the Tide Turning? Sanction for Counsel Refused Again - Kate Donachie, Brodies

30/11/17. The Sheriff Personal Injury Court has recently issued two decisions refusing sanction; Sheriff Mackie’s in McKenzie v McCormack and now an unpublished decision issued by S...

Vicarious Liability Once Removed? by Way of TUPE - Lucile Taylor

Vicarious Liability Once Removed? by Way of TUPE - Lucile Taylor

23/11/17. Case Comment on Baker v British Gas Services (Commercial) Ltd and J&L Electrics (Lye) Ltd [2017] EWHC 2302 (QB).

The question addressed in Baker was whether liability fo...

Taking Responsibility: Foster Care, Child Abuse and Vicarious Liability - Liam Ryan, 7 Bedford Row

Taking Responsibility: Foster Care, Child Abuse and Vicarious Liability - Liam Ryan, 7 Bedford Row

20/11/17. When dealing with cases of child abuse, strong emotions are stirred in almost all people with clear feeling of right and wrong being arrived at. However, when seeking t...

Summary of Recent Cases, November 2017

Summary of Recent Cases, November 2017

15/11/17. 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 Relevance of Local Living Standards in the Assessment of Damages - Jack Harding, 1 Chancery Lane

The Relevance of Local Living Standards in the Assessment of Damages - Jack Harding, 1 Chancery Lane

02/11/17. What is the correct approach to the assessment of general damages in a case in which the Claimant resides abroad? Should the increased (or possibly lower) cost of livin...

Are Pi Firms Blazing a Marketing Trail? - Qamar Anwar, First4Lawyers

Are Pi Firms Blazing a Marketing Trail? - Qamar Anwar, First4Lawyers

31/10/17. The world around us continues to change at a rapid pace and artificial intelligence, voice search, programmatic marketing and mobile marketing are already being embrace...

Jackson in Action: Case Law - Marcus Davies, DWF LLP

Jackson in Action: Case Law - Marcus Davies, DWF LLP

23/10/17.  In our regular monthly round up of cases we look at the effects of the changes to the Civil Procedure Rules under the Jackson Reforms.

Relief from sanctions regime...

Summary of Recent Cases, October 2017

Summary of Recent Cases, October 2017

15/10/17. 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...

FREE BOOK CHAPTER: The Challenge: The SRA And the Compliance Agenda (from 'A Practical Guide to Compliance for Personal Injury Firms Working With Claims Management Companies' by Paul Bennett)

FREE BOOK CHAPTER: The Challenge: The SRA And the Compliance Agenda (from 'A Practical Guide to Compliance for Personal Injury Firms Working With Claims Management Companies' by Paul Bennett)

09/10/17. Compliance basics –  You may think this is obvious, but every day I advise law firms who have failed to step back and challenge their own way of working. For compli...

FREE BOOK SAMPLE: Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act (from 'A Practical Guide to Personal Injury Claims Involving Animals' by Jonathan Hand)

FREE BOOK SAMPLE: Knowledge of the Animal’s Characteristics: S.2(2)(c) Animals Act (from 'A Practical Guide to Personal Injury Claims Involving Animals' by Jonathan Hand)

05/10/17. Paragraph (c) of s.2(2) is concerned with the keeper’s knowledge of the animal’s characteristics as identified under paragraph (b). It requires either actual knowledge ...

FREE BOOK SAMPLE: from 'Practical Mediation'' by Jonathan Dingle with John Sephton

FREE BOOK SAMPLE: from 'Practical Mediation'' by Jonathan Dingle with John Sephton

03/10/17. Mediation is now is a key form of what many commentators call Alternative Dispute Resolution (ADR). The ‘alternative’ here is to having a decision imposed by a judge in...

Frank Perry v Raleys Solicitors - Elizabeth Jones, Parklane Plowden Chambers

Frank Perry v Raleys Solicitors - Elizabeth Jones, Parklane Plowden Chambers

25/09/17. The Claimant was a miner who many years ago brought a claim, supported by medical evidence, for VWF (Vibration White Finger). In the current action the Claimant was pu...

Fire Safety - Laura Guntrip, Lester Aldridge

Fire Safety - Laura Guntrip, Lester Aldridge

23/09/17. The danger presented by fire is well known but people may be surprised by just how many fires actually take place and, in particular, how many occur in care homes.

Care...

CICA and False Claims: A Rock and a Hard Place? - Caroline Kelly, Thorntons

CICA and False Claims: A Rock and a Hard Place? - Caroline Kelly, Thorntons

17/09/17. The Criminal Injuries Compensation Authority (CICA) has been in the press on a number of occasions recently about compensation paid out to abuse victims in cases where ...

Summary of Recent Cases, September 2017

Summary of Recent Cases, September 2017

15/09/17. 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...

Is the Criminal Injuries Compensation Scheme Fit for Purpose? - Caroline Kelly, Thorntons Law LLP

Is the Criminal Injuries Compensation Scheme Fit for Purpose? - Caroline Kelly, Thorntons Law LLP

14/09/17. I wrote earlier this year in the Journal of the Law Society Of Scotland about the sad case of Criminal Injuries Compensation Authority v First Tier Tribunal (Social Ent...

W v Sanofi Pasteur MSD, European Court of Justice, Judgment 21st June 2017 - Peter Todd, Hodge Jones & Allen

W v Sanofi Pasteur MSD, European Court of Justice, Judgment 21st June 2017 - Peter Todd, Hodge Jones & Allen

08/09/17. This judgment of the ECJ recently caused an outcry in certain sections of the media – it was claimed the ECJ had “opened the floodgates for spurious vaccination claims”...

The Divisibility of Psychiatric Injury and Taking the Stress Out of Apportionment - Jack Harding, 1 Chancery Lane

The Divisibility of Psychiatric Injury and Taking the Stress Out of Apportionment - Jack Harding, 1 Chancery Lane

04/09/17. Over the past 9 years personal injury practitioners who have litigated occupational stress claims will have had to grapple with an apparent inconsistency in the case la...

Editorial: Filing by Email or Fax - Aidan Ellis, Temple Garden Chambers

Editorial: Filing by Email or Fax - Aidan Ellis, Temple Garden Chambers

24/08/17. Upon emailing draft directions to a County Court recently (as requested by the Judge), I received a standard acknowledgement email which reminded me (in bold red and bl...

Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors

Bikelawyer Wins High Court Case Extending the Liability of Motor Insurers to Innocent Accident Victims - Andrew Campbell, Bikelawyer Motor Accident Solicitors

15/12/17. Christopher Wastell –v- Gordon Woodward (Deceased) (1) & Chaucer Syndicates Ltd (2)[2017]

What were the facts?

In July 2012, Mr Woodward owned a hamburger van which h...

Editorial: Abolition of Personal Injuries Law – Aidan Ellis, Temple Garden Chambers

Editorial: Abolition of Personal Injuries Law – Aidan Ellis, Temple Garden Chambers

30/11/17. Earlier this month, Lord Sumption delivered a provocative lecture to the Personal Injuries Bar Association entitled “Abolishing Personal Injuries Law: A Project”. Takin...

Getting Started With the Ogden Tables - Simon Levene, 12 King’s Bench Walk

Getting Started With the Ogden Tables - Simon Levene, 12 King’s Bench Walk

21/11/17. The MOJ’s announcement on 27th February 2017 that the discount rate for calculating future losses was to be reduced from 2.50% to –0.75% caused more excitement tha...

PI Practitioner, November 2017

PI Practitioner, November 2017

16/11/17. 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...

A Quick Change of Gear? - Joanne Clancy, Thorntons Law LLP

A Quick Change of Gear? - Joanne Clancy, Thorntons Law LLP

14/11/17. The Department of Transport have announced their plans to review the law regarding dangerous cyclists. Their announcement comes in the wake of the recent trial of Charl...

FREE BOOK CHAPTER: Qualified One-Way Costs Shifting (QOCS) (from 'A Practical Guide to QOCS and Fundamental Dishonesty' by James Bentley)

FREE BOOK CHAPTER: Qualified One-Way Costs Shifting (QOCS) (from 'A Practical Guide to QOCS and Fundamental Dishonesty' by James Bentley)

13/10/17. Before exploring the qualifications to one-way costs shifting, it will be useful to first look at when the QOCS regime does and does not apply.

The substantive scope of ...

Fundamental Dishonesty Goes Beyond Claims in the Fast Track- Sunil Nannar, DWF LLP

Fundamental Dishonesty Goes Beyond Claims in the Fast Track- Sunil Nannar, DWF LLP

06/11/17. Although there are many reports of a finding of fundamental dishonesty in whiplash cases, they are only now starting to emerge in larger claims. Sunil Nannar looks at t...

Truth, Lies, Exaggeration and the Judicial Crucible: A Reminder of Judicial Independence in Assessing Expert Evidence - Liam Ryan, 7 Bedford Row

Truth, Lies, Exaggeration and the Judicial Crucible: A Reminder of Judicial Independence in Assessing Expert Evidence - Liam Ryan, 7 Bedford Row

01/11/17. Published on the 12th October 2017, the case of Fletcher v Keatley   [2017] EWCA Civ 1540 reaffirms in my opinion three broad points and areas of concern for pra...

PI Practitioner, October 2017

PI Practitioner, October 2017

16/10/17. 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...

Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors

Approval of Success Fee Deduction From Damages for a Protected Party - Richard Lowery, Express Solicitors

11/10/17. The Claimant was injured when the Defendant turned right from a main road into the side street which the Claimant was crossing and collided with the Claimant. The Clai...

Editorial: Understanding the Number of Dishonest Claims - Aidan Ellis, Temple Garden Chambers

Editorial: Understanding the Number of Dishonest Claims - Aidan Ellis, Temple Garden Chambers

10/10/17. For a number of years in personal injury litigation, issues arising from dishonest or exaggerated claims have been growing in importance and profile. Not a week seems t...

FREE BOOK CHAPTER: The Structure Of the Care Act 2014 (from 'Introduction to the Law of Community Care in England and Wales' by Alan Robinson)

FREE BOOK CHAPTER: The Structure Of the Care Act 2014 (from 'Introduction to the Law of Community Care in England and Wales' by Alan Robinson)

06/10/17. 1. General principles –  The Act set out to regularise the confusing collection of statutes which governed community care in England, which are described above...

FREE BOOK SAMPLE: Primary Victims: Cases Involving Physical Injury (from 'A Practical Guide to Psychiatric Claims in Personal Injury' by Liam Ryan)

FREE BOOK SAMPLE: Primary Victims: Cases Involving Physical Injury (from 'A Practical Guide to Psychiatric Claims in Personal Injury' by Liam Ryan)

04/10/17. When first considering if a claim for psychiatric injury is worth perusing, it’s fair to say that a legal practitioner will rarely have all the evidence that they need ...

Could This Case Be the End of Failure to Take Into Care Claims? - Malcolm Johnson, BL Claims

Could This Case Be the End of Failure to Take Into Care Claims? - Malcolm Johnson, BL Claims

02/10/17. Judgment awaited in the case of CN & GN v Poole Borough Council.

Failure to take into care claims are typically brought by children whose predicament has become know...

Scotland’s Specialised Personal Injury Court Continues to Develop Its Personality - Catriona Hepburn, Brodies

Scotland’s Specialised Personal Injury Court Continues to Develop Its Personality - Catriona Hepburn, Brodies

29/09/17. The All-Scotland Personal Injury Court (ASPIC) was created in September 2015. Recently its Sheriffs have been taking opportunities to express what they believe the fund...

What Are The Responsibilities of Volunteer Marshals? - Mike Kemp, Thorntons

What Are The Responsibilities of Volunteer Marshals? - Mike Kemp, Thorntons

20/09/17. News that the British Cycling Federation, an official and a marshal face criminal proceedings for the death of a spectator in the a Mountain Biking event in North Wales...

Misuse of Forceps Caused Severe Disability: Serious Criticisms of the Defence Run - Paul Sankey, Enable Law

Misuse of Forceps Caused Severe Disability: Serious Criticisms of the Defence Run - Paul Sankey, Enable Law

18/09/17. In a recent birth injury case (JRM v Kings College Hospital Foundation Trust [2017] EWHC 1913 (QB)) arising from the misuse of forceps, the claimant established liabili...

PI Practitioner, September 2017

PI Practitioner, September 2017

16/09/17. 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...

Claim under MIB’s Untraced Drivers Scheme subject to Qualified One Way Costs Shifting - Malcolm Johnson, BL Claims

Claim under MIB’s Untraced Drivers Scheme subject to Qualified One Way Costs Shifting - Malcolm Johnson, BL Claims

10/09/17. In Howe v Motor Insurers’ Bureau [2017] EWCA Civ 932, Mr Howe was driving a lorry in France on the 30 March 2007 when a wheel detached from a lorry in front of him. The...

Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors

Indemnity Costs in Fixed Cost Case - Jonathan Flattery, Express Solicitors

05/09/17. Liability was denied and proceedings were issued 28th January 2016. Value was pleaded up to £5,000 so fixed costs applied.

Defendant’s Defence 22/4/16 denied and alleged...