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Fraud and Costs - Andrew Mckie, Clerksroom

Fraud and Costs - Andrew Mckie, Clerksroom

21/03/14. Fixed Costs Portal and None Portal for Cases After 31 July 2013. A copy of the new costs Matrix for portal cases and fixed costs cases on or after 31 ...

Drafting in Allegations of Fraud Cases, Pre-Action Disclosure Applications and Disclosure - Andrew Mckie, Clerksroom

Drafting in Allegations of Fraud Cases, Pre-Action Disclosure Applications and Disclosure - Andrew Mckie, Clerksroom

18/03/14. Chapter 8 of 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook' by Andrew Mckie. Witness Statements. It is arguable, that the Witness...

Fraud, Burdens of Proof and Pleadings - Andrew Mckie, Clerksroom

Fraud, Burdens of Proof and Pleadings - Andrew Mckie, Clerksroom

18/03/14. Do You Have To Prove Fraud? In the majority of cases, it may be argued that there will be no need to prove fraud, even if there is sufficient evidence...

Out of ‘Control’? Credit Hire and CPR Part 31 - Gary Herring, Horwich Farrelly Solicitors

Out of ‘Control’? Credit Hire and CPR Part 31 - Gary Herring, Horwich Farrelly Solicitors

10/04/14. Disputes relating to disclosure remain an enduring feature of credit hire litigation and, largely to the understandable annoyance of the judiciary, are the source of mu...

Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB) - John Ross QC & Matthew Chapman, 1 Chancery Lane

Brownlie v Four Seasons Holdings Incorporated [2014] EWHC 273 (QB) - John Ross QC & Matthew Chapman, 1 Chancery Lane

01/04/14. This claim arose out of a road traffic accident in Egypt on 3 January 2010 in which the Claimant sustained personal injury and in which the Claimant’s husband and his d...

Editorial: Mitchell Update - Aidan Ellis, Temple Garden Chambers

Editorial: Mitchell Update - Aidan Ellis, Temple Garden Chambers

26/03/14. Since the Jackson reforms and the Court of Appeal decision in Mitchell , anecdotal evidence suggests that most personal injury lawyers have some horror stories to tell. W...

Loss of Consortium: A Developing Head of Damage: The Cases Considered - Gordon Exall, Zenith Chambers

Loss of Consortium: A Developing Head of Damage: The Cases Considered - Gordon Exall, Zenith Chambers

22/03/14. The Claim for “Intangible Loss”. This head of damage for ‘intangible’ loss – is a common feature in claims brought by children when their mother was killed and has...

Vann & Others v Ocidental-Companhia De Seguros S.A. [2014] EWHC 545 (QB) - Gerard McDermott QC & Jessica Denton

Vann & Others v Ocidental-Companhia De Seguros S.A. [2014] EWHC 545 (QB) - Gerard McDermott QC & Jessica Denton

20/03/14. A recent High Court decision illustrating the Court’s approach when applying the law of another jurisdiction under the provisions of the Rome II Regulation. The trial w...

Credit Hire and Storage Fraud - Andrew Mckie, Clerksroom

Credit Hire and Storage Fraud - Andrew Mckie, Clerksroom

17/03/14. Chapter 6 of 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook' by Andrew Mckie. Credit hire and storage claims are proving some of the most difficult ...

Summary of Recent Cases, March 2014

Summary of Recent Cases, March 2014

15/03/14. 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...

Claimant Overturns Finding of Contributory Negligence in Court of Appeal - David Boyle, Deans Court Chambers

Claimant Overturns Finding of Contributory Negligence in Court of Appeal - David Boyle, Deans Court Chambers

14/03/14.  Having established primary liability at trial, but subject to a finding of contributory negligence of 40%, the Claimant successfully appealed the latter decision,...

The New Stricter Approach to Applications for Relief From Sanction Reaches the SCCO - Gary Knight, Harmans

The New Stricter Approach to Applications for Relief From Sanction Reaches the SCCO - Gary Knight, Harmans

10/03/14. The decision of the Court of Appeal in Mitchell v News Group Newspapers Ltd [2013] EWCA Civ 1526 was intended to send out a clear message to the legal profession that appl...

How to Resolve the Tricky Question of The Uncooperative Litigation Friend - Augustus Ullstein QC, Thirty Nine Essex Street

How to Resolve the Tricky Question of The Uncooperative Litigation Friend - Augustus Ullstein QC, Thirty Nine Essex Street

08/03/14. What are solicitors and counsel to do in a case in which they consider that the Litigation Friend is being uncooperative and/or failing to act in the best interests of ...

Vicarious Liability for Prisoners at Work: Cox v Ministry of Justice [2014] EWCA Civ 132 - Robert Weir QC, Devereux Chambers

Vicarious Liability for Prisoners at Work: Cox v Ministry of Justice [2014] EWCA Civ 132 - Robert Weir QC, Devereux Chambers

 

06/03/14. In 1865 hard labour was introduced as a form of punishment over and above the punishment of deprivation of liberty. Its essence was that labour should be unprodu...

Costs Budgeting II (The Sequel): No More Horror Stories? - Tom Gibson, Outer Temple Chambers

Costs Budgeting II (The Sequel): No More Horror Stories? - Tom Gibson, Outer Temple Chambers

02/03/14. The High Court has ruled that a costs budget containing the “[Statement of Truth]” error should not be struck out – and indeed that a strike out for this reason would “br...

Pedestrian Road Accidents at the Borderline of Liability - James Rowley QC, Byrom Street Chambers & Crown Office Chambers

Pedestrian Road Accidents at the Borderline of Liability - James Rowley QC, Byrom Street Chambers & Crown Office Chambers

28/02/14. We all think we know how to handle liability issues in pedestrian road accident claims. The recent case of Scott & Evans v Griffiths QBD 17.01.14 Lawtel (HHJ Oliver-J...

An Update on Anonymity Orders for Children and Protected Parties - Elizabeth-Anne Gumbel QC & Henry Witcomb, 1 Crown Office Row

An Update on Anonymity Orders for Children and Protected Parties - Elizabeth-Anne Gumbel QC & Henry Witcomb, 1 Crown Office Row

25/02/14. The position in respect of the Court’s exercise of discretion in granting anonymity orders for children and protected parties who are claimants in personal injury and c...

Editorial: Costs Management - Aidan Ellis, Temple Garden Chambers

Editorial: Costs Management - Aidan Ellis, Temple Garden Chambers

24/02/14. The (relatively) new costs budgeting provisions are producing some interesting results, aside from providing the background to the Court of Appeal decision in Mitchell v...

Fixed Costs - Shannon Eastwood, Atlantic Chambers

Fixed Costs - Shannon Eastwood, Atlantic Chambers

22/02/14. There are many types of fixed costs but this paper shall focus on: The fixed costs for RTA, EL, PL claims under the Portal; The escape provisions for cases th...

Slam Ons/Induced Accidents - Andrew Mckie, Clerksroom

Slam Ons/Induced Accidents - Andrew Mckie, Clerksroom

20/02/14. There are a number of potential warning signs of a staged/induced accident. A staged/induced accident may be broadly defined as a vehicle which slams on its brakes for ...

Summary of Recent Cases, February 2014

Summary of Recent Cases, February 2014

15/02/13. 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...

On the Cusp of Change in Modern Dispute Resolution - Andrew Goodman, 1 Chancery Lane

On the Cusp of Change in Modern Dispute Resolution - Andrew Goodman, 1 Chancery Lane

10/02/14. Evaluative Mediation, Early Neutral Evaluation, Expert Determination, and Flexible Hybrids.  The market for ADR provision in p.i. claims is changing. The success o...

Bad Business for Everyone - Bill Braithwaite QC, Head of Exchange Chambers

Bad Business for Everyone - Bill Braithwaite QC, Head of Exchange Chambers

06/02/14. Sympathy and understanding are so important for a claimant lawyer, but I suspect that one result of all the changes which are currently taking place in the personal in...

Impecuniosity and Failure to Mitigate - Aidan Ellis, Temple Garden Chambers

Impecuniosity and Failure to Mitigate - Aidan Ellis, Temple Garden Chambers

08/04/14. The Court of Appeal has not lost its ability to surprise in credit hire cases. In Zurich Insurance Plc v Umerji [2014] EWCA Civ 357, it had to grapple with the reasonable...

Wall v Mutuelle: The Court of Appeal Explores the Limits of Applicable Law - Frances McClenaghan, 1 Chancery Lane

Wall v Mutuelle: The Court of Appeal Explores the Limits of Applicable Law - Frances McClenaghan, 1 Chancery Lane

31/03/14.  In an article last June, I discussed the High Court decision of Wall v Mutuelle De Poitiers Assurances ([2013] EWHC 53 (QB)). I noted that Sir Richard Buxton had re...

Independent Facilitators - Bill Braithwaite QC, Head of Exchange Chambers

Independent Facilitators - Bill Braithwaite QC, Head of Exchange Chambers

25/03/14. I start this article with a quote from two cases, one old and one recent, which emphasise the importance of selecting good experts, and using them appropriately:

 “...

Duties to Pregnant Women and New Mothers: The Small Element of Civil Liability for Breach of Statutory Duty That Remains - Gordon Exall, Zenith Chambers

Duties to Pregnant Women and New Mothers: The Small Element of Civil Liability for Breach of Statutory Duty That Remains - Gordon Exall, Zenith Chambers

21/03/14. There is one, very small, element of civil liability for breach of statutory duty that remains. Here we look at the action for breach of duties owed to pregnant women and...

Contractor Duty of Care: Clarification for Occupiers (Yates v National Trust) - Nicholas Thorne, Berrymans Lace Mawer LLP

Contractor Duty of Care: Clarification for Occupiers (Yates v National Trust) - Nicholas Thorne, Berrymans Lace Mawer LLP

19/03/14. Claims involving occupiers are seldom straightforward and for that reason, continue to exercise the minds of lawyers and judges alike. In contrast to claims against an ...

PI Practitioner, March 2014

PI Practitioner, March 2014

16/03/14. 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...

Phantom Passengers - Andrew Mckie, Clerksroom

Phantom Passengers - Andrew Mckie, Clerksroom

15/03/14. Chapter 5 of 'RTA Allegations of Fraud in a Post-Jackson Era: The Handbook' by Andrew Mckie. Bogus Passenger Allegations: How do they arise? It is a 4pm on a ...

A Review of Recent Criminal Injury Compensation Authority (CICA) Cases - Sophie Beesley, Old Square Chambers

A Review of Recent Criminal Injury Compensation Authority (CICA) Cases - Sophie Beesley, Old Square Chambers

12/03/14. Two recent decisions emphasise that for an injury to qualify under the Criminal Injuries Compensation Scheme (CICS), it must be caused by a ‘crime of violence’. For an ...

Courts Take Robust Approach Post Mitchell - Dr Maggie Bloom, Hardwicke

Courts Take Robust Approach Post Mitchell - Dr Maggie Bloom, Hardwicke

11/03/14. Another Mitchell decision has been handed down with a robust sanction – this time in a personal injury case. The case, heard in the Central London County Court, was ...

Yates v National Trust - William Norris QC, Thirty Nine Essex Street

Yates v National Trust - William Norris QC, Thirty Nine Essex Street

09/03/14. Jamie Yates was 22 and was working as a tree surgeon for Joe Jackman – trading as Joe Jackman and Sons – when on 4th December 2009, he fell some 50 feet from a tre...

Rebecca Coles v David Perfect - Augustus Ullstein QC, Thirty Nine Essex Street

Rebecca Coles v David Perfect - Augustus Ullstein QC, Thirty Nine Essex Street

07/03/14. On the 11th May 2008, when she was 14 years of age, Rebecca Coles was being towed on an inflatable ring by a speedboat owned and driven by Mr. Perfect on the river...

Asbestos in Schools: The Need for Urgent Action - Julie Winn, Pattinson & Brewer

Asbestos in Schools: The Need for Urgent Action - Julie Winn, Pattinson & Brewer

07/03/14. The Department for Education (DfE) has launched its policy review on the asbestos management in schools. The consultation closing date is 31st March. The review ca...

Simson v London Borough of Islington [2013] EWHC 2527 (QB) - Daniel Tobin, 12 King's Bench Walk

Simson v London Borough of Islington [2013] EWHC 2527 (QB) - Daniel Tobin, 12 King's Bench Walk

03/03/14. On 19th April 2009 the Claimant tripped over a defect in the carriageway of Hargrave Road, in Archway, North London. The Defendant was the highway authority for Ha...

Presenting Evidence of Executive Functions Deficit in Court: Why Is Behaviour So Important? - Dr Nicolas Priestley & Dr David Manchester

Presenting Evidence of Executive Functions Deficit in Court: Why Is Behaviour So Important? - Dr Nicolas Priestley & Dr David Manchester

01/03/14. The executive functions are a range of higher order cognitive abilities that play a fundamental role in successful adaptive living. After brain injury even mild impairm...

Case Report: (A) (A Child by her mother and Litigation Friend) v Guy's & St Thomas Hospital NHS Foundation Trust - Antonia Jones, Stewarts Law

Case Report: (A) (A Child by her mother and Litigation Friend) v Guy's & St Thomas Hospital NHS Foundation Trust - Antonia Jones, Stewarts Law

26/02/14. The Claimant was born on 29 January 1996. In March of 2011 she brought proceedings alleging that she had sustained brain damage during her mother’s labour as a conseque...

Post-Mitchell: Relief from Sanctions in Practice - Rhiannon Lewis, 1 Chancery Lane

Post-Mitchell: Relief from Sanctions in Practice - Rhiannon Lewis, 1 Chancery Lane

23/02/14. As practitioners continue to the grapple with the realities of the post-Mitchell climate, several reported decisions are beginning to demonstrate how the courts are app...

Quinn Insurance Limited v (1) Mrs Nazan Alintas (2) Ms Yesim Yurtsever - Tim Sharpe, Temple Garden Chambers

Quinn Insurance Limited v (1) Mrs Nazan Alintas (2) Ms Yesim Yurtsever - Tim Sharpe, Temple Garden Chambers

21/02/14. A brought proceedings in the County Court in which she alleged that Q’s insured driver had caused a road traffic accident. A and Y claimed that Y was an independent wit...

Courts Reform (Scotland) Bill - Scott Whyte, Watermans Solicitors

Courts Reform (Scotland) Bill - Scott Whyte, Watermans Solicitors

20/02/14.  The Court Reform (Scotland) Bill was recently published by the Scottish Government, bringing to an end a four year period in which the shadow of Lord Gill’s revie...

M&A Activity in the PI Market - Lesley Graves, Citadel Law

M&A Activity in the PI Market - Lesley Graves, Citadel Law

19/02/14. Fevered activity in the PI market has led many firms to consider their strategic future and so it seems an opportune moment to pause and reflect on some of the deals do...

Proceeding Down a Blind Alley: Tasleem v Beverley - Roger Mallalieu, 4 New Square

Proceeding Down a Blind Alley: Tasleem v Beverley - Roger Mallalieu, 4 New Square

17/02/14. On the 6th November 2013 a surprisingly powerful constitution of the Court of Appeal, led by the Chancellor of the High Court and including Lady Justice Hallett, t...