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Expanding the Arsenal - Richard Paige, Park Square Barristers Chambers

Expanding the Arsenal - Richard Paige, Park Square Barristers Chambers

18/05/15. On 12th February 2015 the Criminal Justice and Courts Act 2015 received Royal Assent. Buried in the midst of this legislation are five sections which address issues of ...

Being Your Own Worst Enemy: The Need to Clearly Disclose Mental Health Issues to an Employer in Stress at Work Claims - Liam Ryan, Ely Place Chambers

Being Your Own Worst Enemy: The Need to Clearly Disclose Mental Health Issues to an Employer in Stress at Work Claims - Liam Ryan, Ely Place Chambers

12/05/15. Following the increasing volume of cases passing through the County and High Court, increased coverage by the press and acknowledgement by political and business leader...

Editorial: Late Evidence and Applications - Aidan Ellis, Temple Garden Chambers

Editorial: Late Evidence and Applications - Aidan Ellis, Temple Garden Chambers

29/04/15. It is well known that after the Jackson reforms and, particularly, after Mitchell , those who overlook deadlines and procedural rules can expect less sympathy from the Co...

Editorial: The General Election and Personal Injury Litigation – Aidan Ellis, Temple Garden Chambers

Editorial: The General Election and Personal Injury Litigation – Aidan Ellis, Temple Garden Chambers

27/05/15. By the time that this is published, the unexpected result of the recent general election will have been thoroughly dissected in every newspaper and journal. Since most ...

LHS v First-Tier Tribunal & CICA Judicial Review before Mr Justice Jay, Judgment 21st April 2015 - Adam Farrer, Number 5 Chambers

LHS v First-Tier Tribunal & CICA Judicial Review before Mr Justice Jay, Judgment 21st April 2015 - Adam Farrer, Number 5 Chambers

25/05/15. Adam Farrer (Number 5 Chambers) was led by James Eadie QC (Blackstone Chambers) acting for the Criminal Injuries Compensation Authority (“CICA") (instructed by Treasury...

Court of Appeal Confirms How BHR Should Be Calculated in Credit Hire Claims - Shirley Denyer, Shirley Denyer LLP

Court of Appeal Confirms How BHR Should Be Calculated in Credit Hire Claims - Shirley Denyer, Shirley Denyer LLP

19/05/15. In the case of Stevens v Equity [2015] EWCA Civ 93 the Court of Appeal has rejected the argument that in a case of replacement vehicle hire by a pecunious claimant the co...

Cooper v Royal Berkshire Hospital NHS Foundation Trust: Brain Injury From Post-Natal Seizure & Claimant’s Part 36 Offers - John De Bono QC, Serjeants’ Inn Chambers

Cooper v Royal Berkshire Hospital NHS Foundation Trust: Brain Injury From Post-Natal Seizure & Claimant’s Part 36 Offers - John De Bono QC, Serjeants’ Inn Chambers

14/05/15. On 13th March 2015 Jeremy Baker J. gave judgment for Christian Cooper, the claimant, in this complex brain injury case. The case is of interest to practitioners with ca...

Can an Insurer Claw Back a Compensation Payment When It Finds New Evidence of Fraud Years Later? - Michael Mulcare, Mayo Wynne Baxter LLP

Can an Insurer Claw Back a Compensation Payment When It Finds New Evidence of Fraud Years Later? - Michael Mulcare, Mayo Wynne Baxter LLP

07/05/15. The Court of Appeal considered this point in March 2015 in the case of Hayward –v- Zurich Insurance Co plc (2015) following an earlier Judgment, which set aside a previou...

Stevens v Equity: [2015] EWCA Civ 92: The Lowest Reasonable Rate - Vaughan Jacob, Lamb Chambers

Stevens v Equity: [2015] EWCA Civ 92: The Lowest Reasonable Rate - Vaughan Jacob, Lamb Chambers

25/04/15. So. Farewell then, Darren Bent. No longer grabbing national headlines for his Premiership footballing prowess (he is currently on loan to Championship outfit Derby Coun...

Part 36, Costs Offers and the New Rules - Matthew Hoe, Jaggards & Taylor Rose Law

Part 36, Costs Offers and the New Rules - Matthew Hoe, Jaggards & Taylor Rose Law

22/04/15. Is it a square peg for a round hole? Part 36 was conceived primarily as a tool for damages offers. Recent cases have clarified how Part 36 operates in costs negotiation...

A Change to the Law of Causation in Asbestos-Related Lung Cancer Cases: Heneghan (Deceased) v Manchester Dry Docks & Others [2014] EWHC 4190 - Kate Boakes, 12 King's Bench Walk

A Change to the Law of Causation in Asbestos-Related Lung Cancer Cases: Heneghan (Deceased) v Manchester Dry Docks & Others [2014] EWHC 4190 - Kate Boakes, 12 King's Bench Walk

20/04/15. Lung cancer has several possible causes, including exposure to asbestos dust. Medical science cannot prove whether a particular case of lung cancer was caused by asbest...

Credit Hire & Caveat Emptor: Let the Buyer Beware - Geoffrey Simpson-Scott, Colemans-ctts

Credit Hire & Caveat Emptor: Let the Buyer Beware - Geoffrey Simpson-Scott, Colemans-ctts

19/04/15. The recent case of Karl Stevens v Equity Syndicate Management Ltd [2015] EWCA Civ 93 has generated a considerable amount of comment. Much of this is understandably along ...

Rad Hamed - Mark Bowman & Rebecca Drew, Fieldfisher

Rad Hamed - Mark Bowman & Rebecca Drew, Fieldfisher

18/04/15. In August 2006 at the age of 17, Radwan was playing his first game for Tottenham Hotspur's youth team when he suffered a devastating heart attack six minutes into the g...

Summary of Recent Cases, April 2015

Summary of Recent Cases, April 2015

15/04/15. 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...

Insurers Win the Latest Round in Credit Hire Match - Jasmine Murphy, Hardwicke

Insurers Win the Latest Round in Credit Hire Match - Jasmine Murphy, Hardwicke

13/04/15. The Insurers have won the most recent bout in what has been an ongoing slugfest between them and credit hire organisations (CHOs) for more than 20 years. The Court of A...

A Budgeting Lesson Learnt - Johanne Johnston, John M Hayes

A Budgeting Lesson Learnt - Johanne Johnston, John M Hayes

12/04/15. Coulson J and the case of CIP Properties (AIPT) Ltd v Galliford Try Infrastructure Ltd & Ors continue to provide guidance on the implementation of Costs Management Ru...

Friends, Romans, Personal Injury Lawyers! - Simon Readhead QC, 1 Chanery Lane

Friends, Romans, Personal Injury Lawyers! - Simon Readhead QC, 1 Chanery Lane

09/04/15. Or so Mark Antony might have said if Shakespeare had been around to reflect on the amendments to the CPR which come into effect on 6 April 2015. All the talk is of the ...

Rad Hamed: Club Breached its Duty - Diane Rostron, Linder Myers Solicitors

Rad Hamed: Club Breached its Duty - Diane Rostron, Linder Myers Solicitors

08/04/15. Diane Rostron, medical negligence partner at Linder Myers Solicitors, talks about her recent case against Tottenham Hotspur and a Harley Street cardiologist On the...

Director’s Liability for Lack of Employer’s Liability Insurance - Douglas McGregor, Brodies LLP

Director’s Liability for Lack of Employer’s Liability Insurance - Douglas McGregor, Brodies LLP

07/04/15. The decision by the Inner House of the Court of Session to allow the defender’s appeal in Campbell v Peter Gordon Joiners Ltd & Anr [2015] CSIH 11 has opened up the...

Future Developments in RTA Claims, Reducing Fraud and Costs - Andrew Mckie, Clerksroom

Future Developments in RTA Claims, Reducing Fraud and Costs - Andrew Mckie, Clerksroom

06/04/15. The landscape for RTA PI claims has changed dramatically since 2010. We have been through the portal changes and fixed costs changes but the MOJ is not prepared to leav...

Low Cost Arbitration Instead of Expensive Civil Justice? - Matthew Chapman, 1 Chancery Lane

Low Cost Arbitration Instead of Expensive Civil Justice? - Matthew Chapman, 1 Chancery Lane

03/04/15. At a recent seminar a solicitor, with whom I was discussing the recent (rather extraordinary) hike in Court fees, mentioned an initiative which Andrew Ritchie QC has pi...

Stevens v Equity Syndicate Management Ltd; Is the “Hammer Blow” to the Credit Hire Companies the End of the Matter? - Georgina Crawford, Farrar’s Building

Stevens v Equity Syndicate Management Ltd; Is the “Hammer Blow” to the Credit Hire Companies the End of the Matter? - Georgina Crawford, Farrar’s Building

01/04/15. This significant appellate decision handed down at the end of February impacts upon the main arguments going to the issue of “rate” in credit hire claims which are rout...

Editorial: Basic Hire Rates - Aidan Ellis, Temple Garden Chambers

Editorial: Basic Hire Rates - Aidan Ellis, Temple Garden Chambers

24/03/15. The Court of Appeal decision on Basic Hire Rates in Stevens v Equity Syndicate Management Ltd [2015] EWCA 93 is attracting considerable debate, with four articles in this...

Reacting to Accumulating Knowledge About Asbestos Hazards - Alan Care, Thomson Snell & Passmore

Reacting to Accumulating Knowledge About Asbestos Hazards - Alan Care, Thomson Snell & Passmore

26/05/15. "It was doubtful whether it was safe to assume that any finely divided dust was harmless if inhaled in sufficient quantity over a sufficient period". HM Factory Inspect...

Civil Justice Reforms in the Public Sector: Where Are We Now? - Sarah Swan, Hill Dickinson LLP

Civil Justice Reforms in the Public Sector: Where Are We Now? - Sarah Swan, Hill Dickinson LLP

21/05/15. The civil justice reforms have now had some time to bed in. Two years after implementation, what has the impact been on claims within the public sector and the claims i...

Marley v Rawlings [2014] UKSC 51 and the Court’s Approach to Costs - Elaine Bathers, Bolt Burdon Kemp

Marley v Rawlings [2014] UKSC 51 and the Court’s Approach to Costs - Elaine Bathers, Bolt Burdon Kemp

15/05/15. Last year the Supreme Court made a landmark decision in the case of Marley v Rawlings [2014] UKSC 51 when it decided that a professional indemnity insurer, which was not ...

Calling Time on the Compensation Culture - Peter Allchorne, DAC Beachcroft

Calling Time on the Compensation Culture - Peter Allchorne, DAC Beachcroft

13/05/15. Under the pre-Jackson regime, the frequency and cost of whiplash claims spiralled out of control, creating a 'feeding frenzy' for claims management companies and lawye...

QOCS: A Work in Progress - Jayne Doore, Shakespeares Solicitors

QOCS: A Work in Progress - Jayne Doore, Shakespeares Solicitors

04/05/15. Jayne Doore, a senior Member of Shakespeares Solicitors Insurance Team considers the implications of QOCS so far.

Qualified One way Costs Shifting – commonly referred to...

After Stevens v Equity: So Where Is Credit Hire Now? - Gary Herring, Horwich Farrelly Solicitors

After Stevens v Equity: So Where Is Credit Hire Now? - Gary Herring, Horwich Farrelly Solicitors

27/04/15. As the dust settles on the landmark decision of the Court of Appeal in Stevens v Equity [2015] EWCA Civ 93 (the facts of and decision in which are discussed elsewhere in ...

A PI Cut Price System - Alan Care, Thomson Snell & Passmore

A PI Cut Price System - Alan Care, Thomson Snell & Passmore

23/04/15. “In matters of truth and justice, there is no difference between large and small problems, for issues concerning the treatment of people are all the same” - Albert Eins...

Lakin v Lawrence: An Overtaking Case in the Court of Appeal - Jerome Burch, Bartletts Solicitors

Lakin v Lawrence: An Overtaking Case in the Court of Appeal - Jerome Burch, Bartletts Solicitors

21/04/15. Road traffic cases are notoriously difficult to appeal due to the generally factual nature of the disputes and a recent case only serves to highlight this point. I...

Clarification on Annonymity for Children and Protected Parties in Personal Injury Cases - Elizabeth-Anne Gumbel QC & Henry Witcomb, 1 Crown Office Row

Clarification on Annonymity for Children and Protected Parties in Personal Injury Cases - Elizabeth-Anne Gumbel QC & Henry Witcomb, 1 Crown Office Row

20/04/15. In the case of JXMX (by her mother and litigation friend AXMX) V Dartford and Gravesend NHS Trust [2015] EWCA Civ 96, the Court of Appeal identified the issue before them...

The Regulatory Burden of Meeting With Clients in Their Homes - Alex Bagnall, Just Costs Solicitors

The Regulatory Burden of Meeting With Clients in Their Homes - Alex Bagnall, Just Costs Solicitors

17/04/15. Alex Bagnall, Associate at Just Costs Solicitors, analyses the impact on solicitors of consumer protection legislation following Cox v Woodlands Manor Care Home Ltd (2015...

PI Practitioner, April 2015

PI Practitioner, April 2015

16/04/15. 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...

Limitation in Cases of Alleged Abuse - Geoff Owen, Parabis Group

Limitation in Cases of Alleged Abuse - Geoff Owen, Parabis Group

13/04/15. Until 2008, victims of deliberate assault were subject to a strict limitation period of six years in which to bring a claim. This meant that any child who was sexually ...

Retiring Gracefully ... and Gradually? - Simon Readhead QC, 1 Chancery Lane

Retiring Gracefully ... and Gradually? - Simon Readhead QC, 1 Chancery Lane

11/04/15. Most personal injury lawyers think a lot about retirement. This can be their own, in my case usually when grappling with costs budgets, but is more likely to be that of...

Records of Inquest: The Conclusion Is... Use Your Boxes Correctly and Keep It Succinct - Lisa Dobie, 1 Chancery Lane

Records of Inquest: The Conclusion Is... Use Your Boxes Correctly and Keep It Succinct - Lisa Dobie, 1 Chancery Lane

07/04/15. For those of you practising in coronial law, the Chief Coroner's Guidance No. 17 was published on 30 January 2015. It contains some useful and succinct guidance on shor...

Local Standards: Don’t Let Them Cat-ch You Out - Tom Collins, 1 Chancery Lane

Local Standards: Don’t Let Them Cat-ch You Out - Tom Collins, 1 Chancery Lane

05/04/15. In Lougheed v On the Beach (2014) EWCA Civ 1538 the Court of Appeal reaffirmed the importance of the Claimant adducing evidence of local safety standards in the context of ...

Vnuk and the MIB: Misapplying the Law for Over 20 Years - Stephanie Price, Bolt Burdon Kemp

Vnuk and the MIB: Misapplying the Law for Over 20 Years -  Stephanie Price, Bolt Burdon Kemp

02/04/15. The judgment in the case of Damijan Vnuk v Zavarovalcina Triglav C-162/13 (Vnuk) was handed down in September 2014, however personal injury practitioners and insurers a...

Employers’ Liability: Nabelsi v Dudley MBC - James Neale, DWF

Employers’ Liability: Nabelsi v Dudley MBC - James Neale, DWF

26/03/15. James Neale extracts some useful pointers from the successful defence of a recent employers' liability claim involving a snow and ice slip and breach of duty.

Facts

The c...

Liability Scenarios - Andrew Mckie, Clerksroom

Liability Scenarios - Andrew Mckie, Clerksroom

22/03/15. It may be argued that a road traffic accident liability dispute can sometimes be as complicated, if not more complicated, than other types of accidents such as employer...

Occupiers’ Liability: When an Inspection May Not Be Reasonable Enough - Liz Harrison & Perry Hill, DWF

Occupiers’ Liability: When an Inspection May Not Be Reasonable Enough - Liz Harrison & Perry Hill, DWF

20/03/15. Liz Harrison and Perry Hill review the recent case of Butcher v Southend-on Sea Borough Council (2014) in which the Court of Appeal considered whether the existence of a ...

Vehicular Trespass to the Person; Battery, Self-Defence, Ex Turpi Causa and Volenti Non Fit Injuria - Andrew Roy, 12 Kings Bench Walk

Vehicular Trespass to the Person; Battery, Self-Defence, Ex Turpi Causa and Volenti Non Fit Injuria - Andrew Roy, 12 Kings Bench Walk

17/03/15. Flint v (1) Tittensor (2) MIB [2015] EWHC 466 (QB).  This case provides an enlightening illustration of the liability principles applicable when a driver uses his ve...