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Editorial: No Information - Aidan Ellis, Temple Garden Chambers

Editorial: No Information - Aidan Ellis, Temple Garden Chambers

29/10/14. In claims arising from road traffic accidents, where the Insurer has concerns about the claim presented, it is becoming increasingly ...

RTA Protocol: Late Final Payments Are Not a Ticket to Greater Costs - Matthew Hoe, Jaggards & Taylor Rose Law

RTA Protocol: Late Final Payments Are Not a Ticket to Greater Costs - Matthew Hoe, Jaggards & Taylor Rose Law

28/10/14. Can a claimant tear up the agreement and issue Part 7 proceedings for the damages if the defendant fails to pay damages and/or costs ...

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 subst...

A Fundamentally Wrong Decision - Steven Akerman, Brian Barr Solicitors

A Fundamentally Wrong Decision - Steven Akerman, Brian Barr Solicitors

19/11/14. One of the reasons that drove the Jackson Reforms was the alleged rampant fraud in the personal injury sector. Accident ‘victims’ (as some would have you believe) saw w...

McDaniel & Co v Clarke (QBD Mr Justice Hickinbottom, 15th October 2014) - Rupert Cohen, Hardwicke

McDaniel & Co v Clarke (QBD Mr Justice Hickinbottom, 15th October 2014) - Rupert Cohen, Hardwicke

16/11/14. The judgment of Mr Justice Hickinbottom provided a salutary reminder to solicitors of the need to ensure that in their initial discussion with a potential client they a...

Part 36 and PI Claims: Truth and Myths Part II - John-Paul Swoboda, 12 King's Bench Walk

Part 36 and PI Claims: Truth and Myths Part II - John-Paul Swoboda, 12 King's Bench Walk

Part 36 was brought into existence to encourage settlement between the parties. However it can sometimes feel that as opposed to encouraging settlement Part 36 has imported an a...

Oral Applications for Relief from Sanctions - Aidan Ellis, Temple Garden Chambers

Oral Applications for Relief from Sanctions - Aidan Ellis, Temple Garden Chambers

11/11/14. Despite the best intentions of the Court of Appeal, the repercussions of Mitchell, Denton and the redrafting of CPR 3.9 continue to dominate recent High Court decisions...

Is a "Disposal Hearing" a "Final Hearing" - Paul Stanton

Is a

05/11/14. On a superficial level, the answer seems to be a fairly simple "Yes"! However, in the world of litigation, the obvious may not always be that obvious after all.......! ...

The Less Advantageous Part 36 Offer: Costs Consequence Following Variation - James Manning, Chartered Legal Executive, Plexus Law

The Less Advantageous Part 36 Offer: Costs Consequence Following Variation - James Manning, Chartered Legal Executive, Plexus Law

23/10/14. Burrett v. Mencap Limited [2014] LTL 05/09/14 and WL 4355036. What are the cost consequences of accepting a Part 36 offer where, after the relevant period under&nb...

Top Five Tips for... Video Surveillance - Sarah Venn, Hardwick

Top Five Tips for... Video Surveillance - Sarah Venn, Hardwick

19/10/14. Watch all of the surveillance - As Barabara Fari discovered, surveillance evidence can be powerful and turn a case upside down. However, both sides need to carefully a...

Recent Developments in Asbestos Litigation - Niall Maclean, 12 King’s Bench Walk

Recent Developments in Asbestos Litigation - Niall Maclean, 12 King’s Bench Walk

15/10/14. Asbestos-related illnesses continue to be litigated controversially, with no apparent let-up in the number of new claims and the complexity of the issues they generate....

Summary of Recent Cases, October 2014

Summary of Recent Cases, October 2014

15/10/14. 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...

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...

QOCs and Tour Operators: Further Thoughts - Matthew Chapman, 1 Chancery Lane

QOCs and Tour Operators: Further Thoughts - Matthew Chapman, 1 Chancery Lane

12/10/14. This Note is a further rumination on Frances McClenaghan’s recent post about the Court of Appeal’s very recent decision in Wagenaar . It considers the tactical implicatio...

Loss of Services Claim for “Housewife” Is Not a Nominal Loss - Gordon Exall, Zenith Chambers

Loss of Services Claim for “Housewife” Is Not a Nominal Loss - Gordon Exall, Zenith Chambers

01/10/14. I looked at the case of Knauer -v- Ministry of Defence [2014] EWHC 2553 (QB) in an earlier article. However one significant aspect of the case justifies close examination...

Unacceptable Behaviour From Experts - Bill Braithwaite QC, Head of Exchange Chambers

Unacceptable Behaviour From Experts - Bill Braithwaite QC, Head of Exchange Chambers

29/09/14. I saw a client recently who had visited quite a lot of medico-legal experts. He has sustained a serious brain injury, as well as many other serious injuries. He was acc...

Editorial: Fundamental Dishonesty and Discontinuance - Aidan Ellis, Temple Garden Chambers

Editorial: Fundamental Dishonesty and Discontinuance - Aidan Ellis, Temple Garden Chambers

23/09/14. It is well known that Qualified One Way Costs Shifting protects unsuccessful Claimants against the enforcement of costs orders against them, unless certain exceptions a...

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 Appeal has found it necessary to r...

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...

"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...

Coventry and the Incompatability of Jackson/LASPO - Steven Akerman, Brian Barr Solicitors

Coventry and the Incompatability of Jackson/LASPO - Steven Akerman, Brian Barr Solicitors

15/11/14. There were many fears permeating the legal profession in the run up to the implementation of the Jackson reforms. Hence, the race to sign up as many clients under the o...

Injured Aeroplane Passengers and the Montreal Convention - Aidan Ellis, Temple Garden Chambers

Injured Aeroplane Passengers and the Montreal Convention - Aidan Ellis, Temple Garden Chambers

18/11/14. With a number of claims management companies promoting the possibility of claiming in negligence against airlines for injuries sustained inflight, it is worth sketching...

Mother of Fatal Car Crash Victim Receives Large ‘Secondary Victim’ Payout - Tim Driver, Michael Lewin Solicitors

Mother of Fatal Car Crash Victim Receives Large ‘Secondary Victim’ Payout - Tim Driver, Michael Lewin Solicitors

17/11/14. Widow overcomes tough criteria to successfully claim more than £230,000 explains Tim Driver of Michael Lewin Solicitors. The limitations placed on secondary victim...

Williams & Mesothelioma Recent Cases - Alan Care, Thomson Snell & Passmore

Williams & Mesothelioma Recent Cases - Alan Care, Thomson Snell & Passmore

14/11/14. Williams v University of Birmingham – a dangerous precedent given the “lost cause for defendants”. Each case must be judged on its own facts. But the judgment in W...

Mesothelioma and the New Era of Low Dose Asbestos - Alan Care, Thomson Snell & Passmore

Mesothelioma and the New Era of Low Dose Asbestos - Alan Care, Thomson Snell & Passmore

07/11/14. This is the era of low dose mesothelioma claims. Some higher dose worker claims will continue to arise but the number of claimants will continue to fall over the next c...

Jackson Takes Stock - Flora Wood, Ashfords Solicitors

Jackson Takes Stock - Flora Wood, Ashfords Solicitors

27/10/14. In a keynote speech on 30 September 2014, Lord Jackson reminded us of his vision for the future. Whilst the Rule Committee has introduced new fixed costs rules for...

Does Fatal Accident Legislation Treat Gay Men and Gay Women Differently? - Gordon Exall, Zenith Chambers

Does Fatal Accident Legislation Treat Gay Men and Gay Women Differently? - Gordon Exall, Zenith Chambers

25/10/14. As currently drafted the Fatal Accidents Act 1976 could treat gay men and gay women differently. Here I look at the reason why and examine the possible solution.  S...

Awarding Aggravated Damages in Sexual Abuse Claims - Helen Nugent, No 18 Chambers

Awarding Aggravated Damages in Sexual Abuse Claims - Helen Nugent, No 18 Chambers

22/10/14. With the ongoing process of Operation Yewtree and the decision of the Yorkshire Police last month to commission an independent investigation into its handling of the Ro...

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...

PI Practitioner, October 2014

PI Practitioner, October 2014

16/10/14. 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...

Part 36 and PI Claims: Truth and Myths - John-Paul Swoboda, 12 King’s Bench Walk

Part 36 and PI Claims: Truth and Myths - John-Paul Swoboda, 12 King’s Bench Walk

16/10/14. Part 36 was brought into existence to encourage settlement between the parties. However it can sometimes feel that as opposed to encouraging settlement Part 36 has impo...

Live in Carers: Always Explore the Alternatives - Bill Braithwaite QC, Head of Exchange Chambers

Live in Carers: Always Explore the Alternatives - Bill Braithwaite QC, Head of Exchange Chambers

11/10/14. Several years ago, there was a trend for insurers to suggest that people who had been catastrophically injured could be looked after by “live-in carers”. It became a te...

Adjusting the Ogden Reduction Factors to Reflect a Spectrum of Disability - Jack Harding, 1 Chancery Lane

Adjusting the Ogden Reduction Factors to Reflect a Spectrum of Disability - Jack Harding, 1 Chancery Lane

08/10/14. In the context of a claim for future loss of earnings, for a number of years the Courts have been grappling with the thorny issue of when it is appropriate to adjust th...

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 ...

Pressure by Insurers to Settle - Bill Braithwaite QC, Head of Exchange Chambers

Pressure by Insurers to Settle - Bill Braithwaite QC, Head of Exchange Chambers

27/09/14. There’s a real tension, I think, between finishing a catastrophic injury claim quickly, and getting the right result. Insurers seem to me to be pushing hard in many cas...

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...

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 equipment, carers, and therapies. ...

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...