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Litigation Tips & Tactics in Highways Slipping and Tripping, Occupiers and Defective Premises Claims - Andrew Mckie, Clerksroom

Litigation Tips & Tactics in Highways Slipping and Tripping, Occupiers and Defective Premises Claims - Andrew Mckie, Clerksroom

12/07/14. One of the ways in which the claimant’s lawyer can deal effectively with highways slipping and tripping claims, occupiers’ claims and ...

Can the Limitation Act Really Be Suspended? - Tim Hirst, Parklane Plowden Chambers

Can the Limitation Act Really Be Suspended? - Tim Hirst, Parklane Plowden Chambers

03/07/14. “Standstill agreements” have become quite common, perhaps as a result of the effectiveness of the pre-action protocols. The version I ...

Dealing With Occupiers’ Liability Claims: the Law, Case Summaries and Gathering Evidence - Andrew Mckie, Clerksroom

Dealing With Occupiers’ Liability Claims: the Law, Case Summaries and Gathering Evidence - Andrew Mckie, Clerksroom

21/06/14. Occupiers’ Liability Act cases are possibly one of the most common types of slipping and tripping cases that the claimant lawyer will ...

Editorial: On Unreasonableness and Opportunism – Aidan Ellis, Temple Garden Chambers

Editorial: On Unreasonableness and Opportunism – Aidan Ellis, Temple Garden Chambers

22/08/14. One of the surprising aspects of Denton v TH White Ltd [2014] EWCA Civ 906, was the criticism which the Court of Appeal reserved for those who resist successful applicati...

Instructing an Accountant in PI Cases Post-Jackson - Richard Formby FCA MAE, Experienced Accountancy Expert Witness & Partner at Monahans, Chartered Accountants

Instructing an Accountant in PI Cases Post-Jackson - Richard Formby FCA MAE, Experienced Accountancy Expert Witness & Partner at Monahans, Chartered Accountants

19/08/14. Having provided quantum expert support in Personal Injury claims for over 25 years, it has been interesting to watch the recent development of the tough PI litigation e...

Grasping the Nettle: the Need for Employees to Make an Employer Aware of Stress - Liam Ryan, Ely Place Chambers

Grasping the Nettle: the Need for Employees to Make an Employer Aware of Stress - Liam Ryan, Ely Place Chambers

17/08/14. An issue which continues to be prevalent in stress cases is how to approach cases where an employee conceals his or her stress from an employer prior to a breakdown. Th...

Akhtar v Boland: Costs Game-Changer - Matthew Hoe, Jaggards & Taylor Rose Law

Akhtar v Boland: Costs Game-Changer - Matthew Hoe, Jaggards & Taylor Rose Law

15/08/14. The Court of Appeal’s decision in Akhtar v Boland [2014] EWCA Civ 872 is at first blush only about the appropriate track for a low value claim. But it has wider implicati...

Summary of Recent Cases, August 2014

Summary of Recent Cases, August 2014

15/08/14. 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...

Costs Management - Nicholas Lee, Managing Director of Paragon Costs Solutions

Costs Management - Nicholas Lee, Managing Director of Paragon Costs Solutions

14/08/14. By now many readers will have prepared or seen a costs budget and experienced a Costs Management Conference (CMC). With little by way of reported decisions, I take this...

Doctor! Doctor! Can I Have a Second Opinion? - Ruwena Khan, Zenith Chambers

Doctor! Doctor! Can I Have a Second Opinion? - Ruwena Khan, Zenith Chambers

12/08/14. At a time when the law of medical negligence is under particular scrutiny with the second reading of the Medical Innovation Bill (the ‘Saatchi Bill’) having taken place...

Mitchell Misunderstandings - Bill Braithwaite QC, Head of Exchange Chambers

Mitchell Misunderstandings - Bill Braithwaite QC, Head of Exchange Chambers

11/08/14. The Court of Appeal gave judgment in a way which has caused a lot of critical discussion amongst practising lawyers. They said that “the judgment in Mitchell has been m...

Fighting Fraud: Paying Off for Motor Insurers and Their Customers? - Thomas Crockett, 1 Chancery Lane

Fighting Fraud: Paying Off for Motor Insurers and Their Customers? - Thomas Crockett, 1 Chancery Lane

09/08/14. Recent growth has been seen in the litigation market in the field of allegations of fraud in road traffic accident cases. Insurers (particularly certain insurers) have ...

Exit Mitchell, Enter Denton - Ian Miller, 1 Chancery Lane

Exit Mitchell, Enter Denton - Ian Miller, 1 Chancery Lane

07/08/14. Our jurisdiction generally does not favour laws (whether judge- or parliament-made) which fail to take account of what is just in the individual circumstances of the p...

Gray v Botwright - Paul Oakley, 1 Essex Court

Gray v Botwright - Paul Oakley, 1 Essex Court

06/08/14. Before Lord Justice Jackson, Lord Justice Mccombe and Lady Justice Macur on 9th July 2014. Counsel for Appellant: Paul Oakley, 1 Essex Court, Temple EC4Y 9AR....

Jet2.com Limited v Huzar and the Extraordinary Circumstances Exception - Frances Mcclenaghan, 1 Chancery Lane

Jet2.com Limited v Huzar and the Extraordinary Circumstances Exception - Frances Mcclenaghan, 1 Chancery Lane

03/08/14. There is a phrase in Northern Ireland, where I am from: “as clear as muck”, which is what comes to mind when attempting to fathom the meaning of the ‘extraordinary circ...

Less of the Male, Pale and Stale? Judicial Appointment Statistics Published - Thomas Crockett, 1 Chancery Lane

Less of the Male, Pale and Stale? Judicial Appointment Statistics Published - Thomas Crockett, 1 Chancery Lane

27/07/14. The Bar is quite properly concerned about diversity amongst its ranks. However attention yesterday was paid to diversity amongst those who sit a little higher up than c...

Defective Premises Act 1972 and Claims Under The Landlord and Tenant Act 1985 - Andrew Mckie, Clerksroom

Defective Premises Act 1972 and Claims Under The Landlord and Tenant Act 1985 - Andrew Mckie, Clerksroom

17/07/14. The Defective Premises Act 1972 represents an important piece of legislation when dealing with slipping and tripping claims that may occur on a landlord’s premises.&nbs...

Bite Size RTA Case Law Update - Bronia Hartley, Zenith Chambers

Bite Size RTA Case Law Update - Bronia Hartley, Zenith Chambers

16/07/14. Road traffic accidents are notoriously fact specific, but looking at those cases which go to trial can be helpful in terms of understanding what judges think is importa...

Service of Supplementary Witness Statements in a Post-Mitchell World - Jack Harding, 1 Chancery Lane

Service of Supplementary Witness Statements in a Post-Mitchell World - Jack Harding, 1 Chancery Lane

19/07/14. In many cases the Court orders parties simultaneously to exchange witness statements. The rationale is clear: sequential exchange may well give one party an unfair adva...

Summary of Recent Cases, July 201

Summary of Recent Cases, July 201

15/07/14. 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...

The Mesothelioma Act 2014 - Alan Joliffe, IBB Solicitors

The Mesothelioma Act 2014 - Alan Joliffe, IBB Solicitors

14/07/14. The Mesothelioma Act 2014 received Royal Assent at the end of January this year. This meant that the Secretary of State was in a position to set up a payment schem...

Greater Clarity From SRA for Successor Practices Is Needed - Simon Gibson, SGI Legal

Greater Clarity From SRA for Successor Practices Is Needed - Simon Gibson, SGI Legal

10/07/14. With law firms looking to find ways to create new revenue streams and remain on-side with LASPO, the Solicitors Regulation Authority (SRA) and Professional Indemnity In...

Celebrating 25 years of PPOs – Richard Fraser, Frenkel Topping

Celebrating 25 years of PPOs – Richard Fraser, Frenkel Topping

07/07/14. Cathy Kelly hasn’t spoken for more than a quarter of a century. Yet despite her silence, her every breath is an eloquent argument for structured settlements. In 1989, s...

Can You Have Your Cake and Eat It? - Helen Tinkler, CILEx, CILEx Law School, Bar Standards Board and Whatley Weston & Fox

Can You Have Your Cake and Eat It? - Helen Tinkler, CILEx, CILEx Law School, Bar Standards Board and Whatley Weston & Fox

21/08/14. Following Denton v TH White Ltd; Decadent Vapours Ltd v Bevan; Utilise TDS Ltd v Davies [2014] EWCA Civ 906, litigation life might have seemed momentarily sunlit and ca...

Walsall MBC v Millard - Matthew White, St John’s Chambers

Walsall MBC v Millard - Matthew White, St John’s Chambers

The winter of 2009-2010 was harsh. Walsall (a highway authority) received many more complaints about the highways than usual. They abandoned their periodic system of inspection ...

Bullying, Confused Perceptions and Stress Claims - Liam Ryan, Ely Place Chambers

Bullying, Confused Perceptions and Stress Claims - Liam Ryan, Ely Place Chambers

18/08/14. In stress claims where there is evidence that an employer was on express notice of an employee’s stress related condition (e.g. such as by emails, letters, appraisals a...

Mcgregor v. Genco (FC) Ltd: Time and Duty - Simon Morrow & Malcolm Keen, BLM

Mcgregor v. Genco (FC) Ltd: Time and Duty - Simon Morrow & Malcolm Keen, BLM

16/08/14. An employer’s duty at common law is to take reasonable care to protect its employees from a foreseeable risk of injury. In mesothelioma and other asbestos-related illne...

PI Practitioner, August 2014

PI Practitioner, August 2014

16/08/14. 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...

Court of Protection in the Spotlight - Eddie Fardell, Thomson Snell & Passmore

Court of Protection in the Spotlight - Eddie Fardell, Thomson Snell & Passmore

13/08/14. The Court of Protection found itself in the spotlight again recently when Cathy Watson, the mother of a girl severely injured at birth, was found guilty of plundering h...

Dealing With Setbacks - Bill Braithwaite QC, Head of Exchange Chambers

Dealing With Setbacks - Bill Braithwaite QC, Head of Exchange Chambers

10/08/14. I saw a young client recently who has been really struggling to get his life back after catastrophic brain injury. He has been growing through his teen years, coping wi...

Recent Cases on Fatal Accidents Considered - Gordon Exall, Zenith Chambers

Recent Cases on Fatal Accidents Considered - Gordon Exall, Zenith Chambers

08/08/14. Here we review recent cases relating to fatal accidents. (1) Accidents abroad and the scope of the Fatal Accidents Act; (2) Cohabitation, human rights and the...

Allocation and Admissions - Ian Miller, 1 Chancery Lane

Allocation and Admissions - Ian Miller, 1 Chancery Lane

05/08/14. Where a defendant admits a part of a claim, how does the admission affect the allocation of the claim? This was the question considered in Akhtar v Boland [2014] EWCA C...

Damages Guidance in Brain Injury Cases - Nigel Cooksley QC & Rosalie Snocken, Old Square Chambers

Damages Guidance in Brain Injury Cases - Nigel Cooksley QC & Rosalie Snocken, Old Square Chambers

04/08/14. This article is designed to give some guidance to Claimant lawyers on issues and matters to consider regarding quantum in cases involving serious brain injury, particul...

Drug Dealer’s Injury Damages Bonanza - Ivor Collett, 1 Chancery Lane

Drug Dealer’s Injury Damages Bonanza - Ivor Collett, 1 Chancery Lane

01/08/14. In a result which the judge acknowledged had scope to cause some serious head-scratching among ordinary members of the public, a drug-dealer has recently succeeded in a...

Legislating for "Statutory Common Sense" and Personal Injury Litigation? - Thomas Crockett, 1 Chancery Lane

Legislating for

26/07/14. A court considering a claim in negligence or breach of statutory duty may, in determining whether the defendant should have taken particular steps to meet a standard of...

Sweet Relief: To Mitchell or Not to Mitchell, That Is the Question - Andrew Sugarman & Gareth Price, Parklane Plowden Chambers

Sweet Relief: To Mitchell or Not to Mitchell, That Is the Question - Andrew Sugarman & Gareth Price, Parklane Plowden Chambers

21/07/14. Andrew Sugarman and Gareth Price take stock of the position on relief from sanction following Mitchell and Denton. “I'm just a soul whose intentions are good ...

The Future Of Slipping & Tripping Litigation - Andrew Mckie, Clerksroom

The Future Of Slipping & Tripping Litigation - Andrew Mckie, Clerksroom

20/07/14. Chapter 12 from the new book 'Occupiers, Highways and Defective Premises Claims: A Practical Guide Post-Jackson' by Andrew Mckie. As the reader will have noted fro...

Dunhill v Burgin: Litigation Capacity - Sam Chandler, Pupil at Five Stone Buildings

Dunhill v Burgin: Litigation Capacity - Sam Chandler, Pupil at Five Stone Buildings

18/07/14. Litigation capacity is a live issue for any practitioner working in the field of personal injury law. A party who has suffered an injury with adverse consequences on th...

PI Practitioner, July 2014

PI Practitioner, July 2014

16/07/14. 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...

Rescued From an Error of Procedure - Ian Miller, 1 Chancery Lane

Rescued From an Error of Procedure - Ian Miller, 1 Chancery Lane

15/07/14. Rule 3.10 rescues parties where “there has been an error of procedure such as a failure to comply with a rule or practice direction”. Where it applies “the error does n...

Referral Fee Ban Does Not Mean You Have to Become an ABS - Simon Gibson, SGI Legal

Referral Fee Ban Does Not Mean You Have to Become an ABS - Simon Gibson, SGI Legal

11/07/14. It’s clear it’s been a bumpy ride for some PI firms these past 18 months. Many have adapted well, those that haven’t have exited the market, or gone bust in defiance.&n...

Limitation; Calibrating Pre-Knowledge Prejudice - Andrew Roy, 12 Kings Bench Walk

Limitation; Calibrating Pre-Knowledge Prejudice - Andrew Roy, 12 Kings Bench Walk

04/07/14. Collins v (1) Secretary of State for Business Innovation and Skills (2) Stena Line Irish Sea Ferries Ltd [2014] EWCA Civ 717. The time limit for bringing a claim for pe...

Highways Act Claims: The Law, Important Cases And Section 58 Defences - Andrew Mckie, Clerksroom

Highways Act Claims: The Law, Important Cases And Section 58 Defences - Andrew Mckie, Clerksroom

26/06/14. Highways Act cases under the Highways Act 1980 are probably some of the most common tripping cases whether they involve accidents on the road or on the pavement. T...