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Jeyakanthan Rengasamy v Homebase Ltd (Lawtel, 23 January 2015, Knowles J) - Michele De Gregorio, Crown Office Chambers

Jeyakanthan Rengasamy v Homebase Ltd (Lawtel, 23 January 2015, Knowles J) - Michele De Gregorio, Crown Office Chambers

14/02/15. Appeal against case management decision refusing permission for parties' engineering experts to give oral evidence at trial.  Michele De Gregorio  appeared for the succe...

Downing v Peterborough and Stamford Hospitals NHS Foundation Trust: Damages and Costs - Harry Trusted, Outer Temple Chambers

Downing v Peterborough and Stamford Hospitals NHS Foundation Trust: Damages and Costs - Harry Trusted, Outer Temple Chambers

10/02/15. This was case was heard by Sir David Eady at the High Court in London on October 21 – 24 2014. On December 2nd 2014, the judge heard submissions on various consequential ma...

Exploring the Employer/Employee Relationship - Geoff Owen, Parabis Group

Exploring the Employer/Employee Relationship - Geoff Owen, Parabis Group

09/02/15. A number of recent cases have explored the relationship between two parties to determine whether or not they were employer and employee. The test is usually relatively straight...

Editorial: Online Dispute Resolution - Aidan Ellis, Temple Garden Chambers

Editorial: Online Dispute Resolution - Aidan Ellis, Temple Garden Chambers

25/02/15. In February 2015, the working party of the Civil Justice Council produced a report on Online Dispute Resolution (“ODR”). Their recommendation is to create an online cou...

How to Avoid Professional Negligence in Personal Injury Work: A New Era of Meaningful Performance & Risk Management - Lesley Graves, Citadel Law

How to Avoid Professional Negligence in Personal Injury Work: A New Era of Meaningful Performance & Risk Management - Lesley Graves, Citadel Law

24/02/15. Almost two years since the introduction of LASPO, many claimant personal injury firms are exposing themselves to the considerable threat of professional negligence clai...

Blankley v Central Manchester NHS [2015] EWCA Civ 18: A Narrow Issue? - Matthew Smith, Kings Chambers

Blankley v Central Manchester NHS [2015] EWCA Civ 18: A Narrow Issue? - Matthew Smith, Kings Chambers

20/02/15. The claimant was very seriously injured by the defendant’s clinical negligence. Her capacity to litigate fluctuated. When she had capacity she agreed a CFA with her sol...

The Global Scope of Employer's Liability - Jack Harding, 1 Chancery Lane

The Global Scope of Employer's Liability - Jack Harding, 1 Chancery Lane

18/02/15. It is trite law that an employer’s duty to its employees is non-delegable. The duty is to take reasonable care to see that the employee is not exposed to unnecessary ri...

Summary of Recent Cases, February 2015

Summary of Recent Cases, February 2015

15/02/15. 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...

Investigating Liability And Causation - Andrew Mckie, Clerksroom

Investigating Liability And Causation - Andrew Mckie, Clerksroom

13/02/15. In 2001, there were 204,839 road traffic accidents in England and 9,499 road traffic accidents in Wales. This chapter aims to look at the various methods of investigati...

An Analysis of Serious Psychological Injury Following UK Military Service - Rushmi Sethi

An Analysis of Serious Psychological Injury Following UK Military Service - Rushmi Sethi

12/02/15.  An analysis of serious psychological injury following UK military service at work with reference to case law, published journal articles, and medical evidence. Ex...

Measurable Goals - Bill Braithwaite QC, Head of Exchange Chambers

Measurable Goals - Bill Braithwaite QC, Head of Exchange Chambers

07/02/15. Following on from my last blog, talking about rehabilitation, measurable goals are becoming increasingly important. I've had a couple of experiences recently which...

A Mistake on Mistake? - Paul Stanton

A Mistake on Mistake? - Paul Stanton

06/02/15. In Draper v Newport (2014) the question arose as to whether or not common law doctrines, and in this case specifically the doctrine of mistake, have any application in ...

Public Liability and Highways Claims Post-Jackson: Part 36 & Litigation Tactics - Andrew Mckie, Clerksroom

Public Liability and Highways Claims Post-Jackson: Part 36 & Litigation Tactics - Andrew Mckie, Clerksroom

27/01/15. Chapter Two from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. It is clear that in relation to post-Jackson , post 31 July 2...

The Luxury of Attending Trial - Aidan Ellis, Temple Garden Chambers

The Luxury of Attending Trial - Aidan Ellis, Temple Garden Chambers

26/01/15. At a number of costs and case management conferences recently, I have noticed District Judge’s refusing to budget for a solicitor to attend trial on the basis that havi...

Advising on a Secondary Victim Claim? December 2014 Produced a Trio of New Cases Considered by Charles Bagot of Hardwicke

Advising on a Secondary Victim Claim? December 2014 Produced a Trio of New Cases Considered by Charles Bagot of Hardwicke

19/01/15. If you are struggling to pin down the relevant principles when advising in a secondary victim case this should be no surprise. As Lord Hoffmann observed: “ It seems to m...

QOCS: Testing Boundaries - Jamie Carpenter, Hailsham Chambers

QOCS: Testing Boundaries - Jamie Carpenter, Hailsham Chambers

16/01/15. In a system of civil litigation in which the general rule is “loser pays”, qualified one-way costs shifting (QOCS) is one of the more radical of the Jackson reforms. A...

Summary of Recent Cases, January 2015

Summary of Recent Cases, January 2015

15/01/15. 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...

Personal Injury, Negligence and COP Lawyers Need to Understand Special Educational Needs (SEN) - Ed Duff, Boyes Turner

Personal Injury, Negligence and COP Lawyers Need to Understand Special Educational Needs (SEN) - Ed Duff, Boyes Turner

12/01/15. On 1 September 2014, the most significant change in special educational needs (SEN) law for 30 years took effect due to the Children and Families Act 2014. This has inc...

A Prediction for 2015: Costs Budgeting is Doomed - Ian Miller, 1 Chancery Lane

A Prediction for 2015: Costs Budgeting is Doomed - Ian Miller, 1 Chancery Lane

11/01/15. With the new year come predictions as to what will happen in 2015. Tom Standage of the Economist predicts that our smart phones will become smarter with the use of anti...

Extensions of Time to File Notices of Appeal and Relief From Sanctions - Ruwena Khan, Zenith Chambers

Extensions of Time to File Notices of Appeal and Relief From Sanctions - Ruwena Khan, Zenith Chambers

08/01/15. R (on the application of DINJAN HYSAJ) v Secretary of State for The Home Department: Fathollahipour v Aliabadibenisi: May v Robsinson [2014] EWCA Civ 1633. CPR r....

Prosecution of PI Fraud - Thomas Crockett, 1 Chancery Lane

Prosecution of PI Fraud - Thomas Crockett, 1 Chancery Lane

07/01/15. Any regular reader will be aware that I have an interest in fraudulent personal injury claims, being involved as I am in numerous cases where a vast range of fraud is a...

Rome II and the Law of the Tort - Matthew Chapman, 1 Chancery Lane

Rome II and the Law of the Tort - Matthew Chapman, 1 Chancery Lane

29/12/14. Those with an interest in the Rome II Regulation (there must be someone else out there) may already be familiar with the recent decision of Slade J in Winrow v Hemphill ...

It's All Down to Evidence - Bill Braithwaite QC, Head of Exchange Chambers

It's All Down to Evidence - Bill Braithwaite QC, Head of Exchange Chambers

28/12/15. I know there’s an element of repetition about my blogs, but I think that’s because some points crop up again and again, and seem to me to be fundamentally important. So...

Investigating Indemnity, The 1988 Road Traffic Act and Vicarious Liability - Andrew Mckie, Clerksroom

Investigating Indemnity, The 1988 Road Traffic Act and Vicarious Liability - Andrew Mckie, Clerksroom

26/02/15. Indemnity is an important area of law for practitioners dealing with road traffic claims. Whilst this is an area of law often more relevant to those undertaking allegat...

Injuring the Already Injured - Dr Jock Mackenzie, Anthony Gold Solicitors

Injuring the Already Injured - Dr Jock Mackenzie, Anthony Gold Solicitors

23/02/15. In Christine Reaney v (1) University Hospital of North Staffordshire NHS Trust (2) Mid Staffordshire NHS Foundation Trust [2014] EWHC 3016 (QB), Foskett J. had to consi...

Quantum: General Damages, Common Heads of Loss in RTA Claims (Non-Vehicle Related Damages) and Avoiding Negligence Claims - Andrew Mckie, Clerksroom

Quantum: General Damages, Common Heads of Loss in RTA Claims (Non-Vehicle Related Damages) and Avoiding Negligence Claims  - Andrew Mckie, Clerksroom

21/02/15. With the introduction of the Low Value Portal, it has now become more important than ever for all fee earners to be able to value RTA claims up to and including £25,000...

Railing Against Expanding Highway Authorities' Duties of Care - Andrew Spencer, 1 Chancery Lane

Railing Against Expanding Highway Authorities' Duties of Care - Andrew Spencer, 1 Chancery Lane

19/02/15. There is a very useful discussion in the recent case of Foulds v Devon County Council about the nature of a highway authority’s common law duty to road users.

The issue in...

Exploding the Myth of ‘Compensation Culture’ - John Spencer, Spencers Solicitors (President of the Association of Personal Injury Lawyers)

Exploding the Myth of ‘Compensation Culture’ - John Spencer, Spencers Solicitors (President of the Association of Personal Injury Lawyers)

17/02/15. The term ‘compensation culture’ has been a favourite media buzzword in recent years with both journalists and politicians quick to point to a rise in spurious claims. I...

PI Practitioner, February 2015

PI Practitioner, February 2015

16/02/15. 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...

Loss of Earnings in a Case Where the Claimant Was a Child When Injured - Gordon Exall, Zenith Chambers

Loss of Earnings in a Case Where the Claimant Was a Child When Injured - Gordon Exall, Zenith Chambers

11/02/15. A claim made for loss of earnings when the claimant is a child is always problematic. There were several issues considered by Mr Justice Kenneth Parker in Tate -v- Ryde...

Rehab Experts and Catastrophic Brain Injury - Bill Braithwaite QC, Head of Exchange Chambers

Rehab Experts and Catastrophic Brain Injury - Bill Braithwaite QC, Head of Exchange Chambers

04/02/15. I had a consultation recently with a rehabilitation expert, which made me wonder whether we should make more use of them following catastrophic brain injury. Once out o...

Limitation in Contribution Claims - Andrew Roy, 12 Kings Bench Walk

Limitation in Contribution Claims - Andrew Roy, 12 Kings Bench Walk

03/02/15. Chief Constable of Hampshire v Southampton City Council [2014] EWCA Civ 1541. Court of Appeal Jackson, Patten and Lewison LJJ This case determined a short but...

Allergies, Chemical Sensitivity and Susceptibility - Alan Care, Thomson Snell & Passmore

Allergies, Chemical Sensitivity and Susceptibility - Alan Care, Thomson Snell & Passmore

02/02/15. The Bradford Hill criteria remain the starting point for any consideration of causation, be it legal or medical and scientific. It has long been said that law and ...

Personal Injury Case Review Scotland 2014: Part 1 - Douglas McGregor, Brodies LLP

Personal Injury Case Review Scotland 2014: Part 1 - Douglas McGregor, Brodies LLP

01/02/15. The changes to be introduced by the Courts Reform (Scotland) Act 2014 have been making many of the personal injury headlines this year in Scotland and no doubt the refo...

Public Liability & Highways Claims Post-Jackson: The Portals - Andrew Mckie, Clerksroom

Public Liability & Highways Claims Post-Jackson: The Portals - Andrew Mckie, Clerksroom

28/01/15. Chapter Three from the book 'RTA Personal Injury Claims Post Jackson: A Practical Guide' by Andrew Mckie. The public liability (PL) portals came into effect on 31 ...

Applications for Payments on Account of Costs - Matthew Hoe, Jaggards & Taylor Rose Law

Applications for Payments on Account of Costs - Matthew Hoe, Jaggards & Taylor Rose Law

24/01/15. An application for a payment on account of costs is the jet pump of cashflow. Beware of it reversing the flow. More claimants are now applying for payments on acco...

Not So Cut and Dry When It Comes to Hairdressing Injuries - Nicola Perry, Bartletts Solicitors

Not So Cut and Dry When It Comes to Hairdressing Injuries - Nicola Perry, Bartletts Solicitors

23/01/15. Earlier this month, Nia Griffith MP made a call in a parliamentary debate for hairdressers to be subject to a compulsory state register. Whilst there has been no indica...

Whither (Withering?) Success Fees - Alan Bacon, BTMK Solicitors LLP

Whither (Withering?) Success Fees - Alan Bacon, BTMK Solicitors LLP

19/01/15. Should we be deducting success fees from our client’s damages in successful personal injury and clinical negligence claims? After some initial hesitation my firm h...

Application of Procedural Rules and Litigants-in-Person - Thomas Crockett, 1 Chancery Lane

Application of Procedural Rules and Litigants-in-Person - Thomas Crockett, 1 Chancery Lane

17/01/15. There can be little doubt that modern litigation involves the increased presence of people representing themselves in court. Particularly amongst some kindlier judges (...

PI Practitioner, January 2015

PI Practitioner, January 2015

16/01/15. 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...

Back to Basics in Occupiers Liability - Flora Wood, Ashfords Solicitors

Back to Basics in Occupiers Liability - Flora Wood, Ashfords Solicitors

15/01/15. The recent case of Burtcher v Southend-on-Sea BC helps to identify those cases where a system of inspection and risk assessments is crucial to a successful defence, and...

Courts Reform (Scotland) Act 2014: Big Changes Ahead in Personal Injury Litigation in Scotland - Douglas McGregor, Brodies LLP

Courts Reform (Scotland) Act 2014: Big Changes Ahead in Personal Injury Litigation in Scotland - Douglas McGregor, Brodies LLP

14/01/15. On 10 November 2014, just over five years after the publication of Lord Gill’s Scottish Civil Courts Review, the Courts Reform (Scotland) Act 2014 received Royal Assent...

Without A Safety Net: Litigating Employers’ Liability Claims after the Enterprise Act - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

Without A Safety Net: Litigating Employers’ Liability Claims after the Enterprise Act - Andrew Roy & Vanessa Cashman, 12 King's Bench Walk

13/01/15. Section 69 of the Enterprise and Regulatory Reform Act 2013 repealed section 47 of the Health and Safety at Work, etc. Act 1974. The latter accorded a civil right ...