This site uses cookies.
Denton and the Misunderstanding of Mitchell - Jim Hester, Parklane Plowden Chambers

Denton and the Misunderstanding of Mitchell - Jim Hester, Parklane Plowden Chambers

18/09/14.  Hot on the heals of the seminal Mitchell judgment in November, and the resulting impact on the civil justice system, the Court of...

From Eeles to Haynes: Interim Payments, Periodical Payments, and Accommodation Needs - Angus McCullough QC & Jessica Elliott, 1 Crown Office Row

From Eeles to Haynes: Interim Payments, Periodical Payments, and Accommodation Needs - Angus McCullough QC & Jessica Elliott, 1 Crown Office Row

19/09/14. A seriously injured claimant urgently requires alternative accommodation with adaptations for her disability, and space for necessary...

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

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

20/08/14. The winter of 2009-2010 was harsh. Walsall (a highway authority) received many more complaints about the highways than usual. They ab...

Switching Experts - Chris Pamplin, Editor of the UK Register of Expert Witnesses

Switching Experts - Chris Pamplin, Editor of the UK Register of Expert Witnesses

14/10/14.  Chris Pamplin looks at what can be done when your expert’s opinion changes. In these days of austerity and with a cost-conscious judiciary, less leeway is li...

Is There a Fourth Way to Assess Future Loss of Earnings? - Geoff Owen, Greenwoods Solicitors

Is There a Fourth Way to Assess Future Loss of Earnings? - Geoff Owen, Greenwoods Solicitors

09/10/14. Once upon a time there was the Smith v Manchester award. If the claimant returned to work but with a disability which put him at a substantial and not speculative or fanciful d...

Summary of Recent Cases, September 2014

Summary of Recent Cases, September 2014

15/09/14. 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 Right to Choose - Bill Braithwaite QC, Head of Exchange Chambers

The Right to Choose - Bill Braithwaite QC, Head of Exchange Chambers

13/09/14. I've recently spent a few very pleasant hours sitting in a client’s wonderfully adapted house, looking out over his fields, and wondering about how his future will work...

The Law Relating to Fatal Accidents: An Introduction - Gordon Exall, Zenith Chambers

The Law Relating to Fatal Accidents: An Introduction - Gordon Exall, Zenith Chambers

12/09/14. This article provides a brief overview of the law in relation to fatal accidents. When a person is killed a claim can be brought on behalf of his estate or on beha...

Back to Basics: Should Credit Hire be Stripped? - Gary Herring - Horwich Farrelly Solicitors

Back to Basics: Should Credit Hire be Stripped? - Gary Herring - Horwich Farrelly Solicitors

11/09/14.  In Dimond v Lovell the House of Lords made it all seem so simple. In a case where the claimant sought hire charges in the princely sum of £346.63, it was held that ...

"Professional" McKenzie Friends: LSB Reaction to Consumer Panel's Recommendations - Thomas Crockett, 1 Chancery Lane

07/09/14. Those of us who are professional advocates reacted largely with horror when the Legal Service Consumer Panel called in April of this year for a “culture shift” in favou...

A Judgment for What? The Effect of Default Judgments - Paul Stagg, 1 Chancery Lane

A Judgment for What? The Effect of Default Judgments - Paul Stagg, 1 Chancery Lane

23/09/14. Where a defendant admits breach of duty but wishes to contest causation, injury and quantum, it has in the past been common practice for it to allow judgment to be ente...

Coroners, Consistency and Change - Simon Readhead QC, 1 Chancery Lane

Coroners, Consistency and Change - Simon Readhead QC, 1 Chancery Lane

28/08/14. Harold Macmillan is famously said to have observed that: “There are three bodies no sensible man directly challenges: the Roman Catholic Church, the Brigade of Gua...

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 applica...

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...

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...

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...

Vnuk: End of the Road? - Nicholas Bevan, Solicitor, Mediator, Consultant and Trainer

Vnuk: End of the Road? - Nicholas Bevan, Solicitor, Mediator, Consultant and Trainer

20/10/14. On 4th September the Court of Justice of the European Union (CJEU) delivered what is arguably its most important ruling to date on the scope of compulsory third party m...

Limitation: Did Curiosity Kill the Cat? - Luke Andrew Menary, Barrister, Liverpool Civil Law

Limitation: Did Curiosity Kill the Cat? - Luke Andrew Menary, Barrister, Liverpool Civil Law

03/10/10. Considering the impact of Collins v The Secretary of State for Business Innovation and Skills [2014]. While working at London Docks between 1947 and 1967, the claimant ...

Damages for Pain and Suffering Prior to Death and Reduction of Life Expectancy: Important Court of Appeal Decision - Gordon Exall, Zenith Chambers

Damages for Pain and Suffering Prior to Death and Reduction of Life Expectancy: Important Court of Appeal Decision - Gordon Exall, Zenith Chambers

24/09/14. The case of Kadir -v- Mistry [2014] EWCA Civ 1177 deals with two important questions in relation to pain and suffering prior to death. Firstly should there be an award ...

Why Insurers Are Keen on Early Settlement Meetings! - Bill Braithwaite QC, Head of Exchange Chambers

Why Insurers Are Keen on Early Settlement Meetings! - Bill Braithwaite QC, Head of Exchange Chambers

20/09/14. I'm often unsure about whether we personal injury lawyers in catastrophic claims should strive for an early finalisation of the claim, or should we just let the litigat...

PI Practitioner, September 2014

PI Practitioner, September 2014

16/09/14. 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...

Expert Support - Ian Gascoigne, Eversheds LLP

Expert Support - Ian Gascoigne, Eversheds LLP

16/09/14. In October 2014 new guidance published by the Civil Justice Council (CJC) will replace the protocol for instructing expert witnesses in civil cases. The protocol is par...

Fatal Accident Dependency Claims: A Working Example: Death of a Wife & Mother as a Result of Mesothelioma - Gordon Exall, Zenith Chambers

Fatal Accident Dependency Claims: A Working Example: Death of a Wife & Mother as a Result of Mesothelioma - Gordon Exall, Zenith Chambers

15/09/14. Reports of decisions on dependency calculations are always welcome. Fatal accident damages account for 4% of payments made in personal injury claims. The number of repo...

It’s Not All Pounds and Pence - Richard Fraser, Frenkel Topping

It’s Not All Pounds and Pence - Richard Fraser, Frenkel Topping

10/09/14. The continued care and welfare benefits needs of those with personal injury or clinical negligence awards can be confusing and stressful matters. Yet as Richard Fraser,...

You May Delay, but Time Will Not. Benjamin Franklin - Sophie Beesley, Old Square Chambers

You May Delay, but Time Will Not. Benjamin Franklin - Sophie Beesley, Old Square Chambers

08/09/14. Colefax v First Tier Tribunal (Social Entitlement Chamber) & Anr v Criminal Injuries Compensation Authority [2014] EWCA Civ 945 The Criminal Injuries Compensa...

The Ever-Ageing 13-Year-Old Compensation Discount Rate - Thomas Crockett, 1 Chancery Lane

The Ever-Ageing 13-Year-Old Compensation Discount Rate - Thomas Crockett, 1 Chancery Lane

03/09/14. There has been a further delay to the much-anticipated and important decision on the discount rate to be applied to compensation. And this comes almost two years after ...

A Head for Heights - Simon Readhead QC, 1 Chancery Lane

A Head for Heights - Simon Readhead QC, 1 Chancery Lane

25/08/14. “I was out in the garden with my stepladder today. Not my real ladder. I don't get on with my real ladder”. I was reminded of this old one liner when reading the l...

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...

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...