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FE (By his litigation friend PE) v St George’s University Hospital NHS Trust [2016] EWCH 553 - Rachel Vickers, Outer Temple Chambers

FE (By his litigation friend PE) v St George’s University Hospital NHS Trust [2016] EWCH 553 - Rachel Vickers, Outer Temple Chambers

07/06/16. The Claimant was born by emergency Caesarean section at St George’s Hospital on 25th January 2011. He suffered hypoxic ischaemic at birth leading to cerebral palsy...

FREE BOOK CHAPTER: Fixed Costs Schemes (Chapter One from 'A Practical Guide to Costs in Personal Injury Cases' by Matthew Hoe

FREE BOOK CHAPTER: Fixed Costs Schemes (Chapter One from 'A Practical Guide to Costs in Personal Injury Cases' by Matthew Hoe

So much has changed in the legal costs field, particularly in the field of personal injury cases. The rules on recovery of legal costs have been through extensive reform. There ...

FREE BOOK CHAPTER: The Enterprise and Regulatory Reform Act 2013 and the Impact on Employers Liability Claims - Andrew Mckie, Clerksroom

FREE BOOK CHAPTER: The Enterprise and Regulatory Reform Act 2013 and the Impact on Employers Liability Claims - Andrew Mckie, Clerksroom

30/06/15. Section 69 of the Enterprise and Regulatory Reform Act 2013 (ERRA) is now in force. The effect of Section 69 is that most employees seeking compensation for injuries su...

Don’t Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King’s Bench Walk

Don’t Overlook Foreseeability: Scott v Gavigan [2016] EWCA Civ 544, [2016] All ER (D) 35 (Jun) - Niall Maclean, 12 King’s Bench Walk

20/06/16. On a clear summer evening the Defendant was riding his motorcycle down a long straight road in south London. His speed was about the 30mph, the limit for the road. Walk...

Loss of Earnings: Clinical Negligence and Causation - Gordon Exall, Zenith Chambers & Hardwicke

Loss of Earnings: Clinical Negligence and Causation - Gordon Exall, Zenith Chambers & Hardwicke

14/06/16. The need to prove that a claim for loss of earnings arises from the negligence complained of can be overlooked. A failure to consider the key issue of causation can lea...

Over Year-Long Wait for Employment Records from HMRC is Denial of Access to Justice and Breach of ECHR - Roger Maddocks, Irwin Mitchell LLP

Over Year-Long Wait for Employment Records from HMRC is Denial of Access to Justice and Breach of ECHR - Roger Maddocks, Irwin Mitchell LLP

30/05/16. Workplace-related illness and disease can be extremely serious for those affected with many conditions severely affecting quality of life, causing those suffering to be...

Compensation for Pleural Plaques - Andrew James, Hodge Jones & Allen LLP

Compensation for Pleural Plaques - Andrew James, Hodge Jones & Allen LLP

22/05/16. Pleural plaques are the most common manifestation of asbestos exposure and a form of scarring on the lining of the lungs. They appear as grey-white regions of tiny scar...

Closing the Door on Strict Liability: A New Erra of Realism in Workplace Claims - Steven Conway, Keystone Law

Closing the Door on Strict Liability: A New Erra of Realism in Workplace Claims - Steven Conway, Keystone Law

19/05/16. With the passing of section 69 of the Enterprise and Regulatory Reform Act 2013 (“ERRA”), limitation will soon expire of most pre-Act cases, removing strict liability f...

Summary of Recent Cases, May 2016

Summary of Recent Cases, May 2016

15/05/16. 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...

Causation Disputes and Interim Payment Applications - Jennifer Danvers, Cloisters

Causation Disputes and Interim Payment Applications - Jennifer Danvers, Cloisters

14/05/16. In Sellar-Elliott v Howling [2016] EWHC 443 (QB) permission to appeal against an interim payment order of £100,000 was refused in a clinical negligence case where causa...

Lord Justice Jackson Is Right: It’s Time to Extend Fixed Costs - Duncan Rutter, President of the Forum of Insurance Lawyers

Lord Justice Jackson Is Right: It’s Time to Extend Fixed Costs - Duncan Rutter, President of the Forum of Insurance Lawyers

13/05/16. Costs control in the civil justice system has proved a tough nut to crack. From Lord Evershed’s inquiry into English procedural reform in the 1950s, through Lord Woolf’...

Claims of Alleged Fraud Not Exempt From Denton - Ella Davis, 1 Chancery Lane

Claims of Alleged Fraud Not Exempt From Denton - Ella Davis, 1 Chancery Lane

11/05/16. “The court cannot ignore that insurers are professional litigants, who can properly be held responsible for any blatant disregard of their own commercial interests.” - G...

Damages for Abuse - Roderick Abbott, 1 Chancery Lane

Damages for Abuse - Roderick Abbott, 1 Chancery Lane

10/05/16. The Claimant in The court was therefore concerned solely with the assessment of damages. The case had one feature that is depressingly common and one that is rather unu...

Evidence and Interim Payment Applications - Edward Bishop QC, 1 Chancery Lane

Evidence and Interim Payment Applications - Edward Bishop QC, 1 Chancery Lane

09/05/16. The High Court has given useful guidance (which serves as a warning) to defendants on their evidential obligations when defending applications for interim payments.

In Se...

When a Doctor Cannot Go Back to Work: Examination of the Loss of Earnings Award - Gordon Exall, Zenith Chambers & Hardwicke

When a Doctor Cannot Go Back to Work: Examination of the Loss of Earnings Award - Gordon Exall, Zenith Chambers & Hardwicke

03/05/16. There are some important matters considered in the decision of Mr Justice Picken in Dr Sido John -v- Central Manchester and Manchester Children’s University Hospitals N...

Editorial: The Elimination of Risk - Aidan Ellis, Temple Garden Chambers

Editorial: The Elimination of Risk - Aidan Ellis, Temple Garden Chambers

27/04/16. Back in March, 70 medical experts wrote an open letter to the government highlighting the risk of head injury in school rugby. Rugby is, no doubt, a high impact collisi...

'Promptness Is the Soul of Business' - A 'Harsh' Lesson From the Recent Court of Appeal Decision in Gentry v Miller & Anor [2016] EWCA Civ 141 - Andrew Cullen, Barrister

'Promptness Is the Soul of Business' - A 'Harsh' Lesson From the Recent Court of Appeal Decision in Gentry v Miller & Anor [2016] EWCA Civ 141 - Andrew Cullen, Barrister

20/04/16. The recent decision of the Court of Appeal in Gentry v Miller & Anor  [2016] EWCA Civ 141 is yet another timely reminder of the importance of compliance with the ...

Summary of Recent Cases, April 2016

Summary of Recent Cases, April 2016

15/04/16. 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...

Future Loss in Fatal Cases: Ironing Out a Longstanding Wrinkle in the Law - Niall Maclean, 12 King’s Bench Walk

Future Loss in Fatal Cases: Ironing Out a Longstanding Wrinkle in the Law - Niall Maclean, 12 King’s Bench Walk

14/04/16. In simpler times, multipliers for calculating future losses in personal injury and fatal accident cases were selected impressionistically on a broad-brush jury basis.&n...

Vicarious Liability After Cox v Ministry of Justice - Philippa Luscombe, Penningtons Manches LLP

Vicarious Liability After Cox v Ministry of Justice - Philippa Luscombe, Penningtons Manches LLP

11/04/16. Vicarious liability has been a topic frequently visited by the courts over the years but the recent conjoined appeals of Cox [2016] UKSC 10 and Mohamud [2016] UKSC 11 have ...

Vicarious Liability: Extension, Extension, Extension - Ian Miller, 1 Chancery Lane

Vicarious Liability: Extension, Extension, Extension - Ian Miller, 1 Chancery Lane

10/04/16. 'The law of vicarious liability is on the move' are the opening words to the opinion of Lord Reed in Cox v Ministry of Justice [2016] UKSC 10 (quoting Lord Phillips in&nb...

Fixed Costs and Part 36 Offers - Thomas Crockett, 1 Chancery Lane

Fixed Costs and Part 36 Offers - Thomas Crockett, 1 Chancery Lane

What is the effect of a claimant’s ‘beaten’ Part 36 Offer upon their costs in a low value personal injury case within the RTA or EL/PL Protocol where claimants' costs are fixed ...

Loss of Earnings: the Appropriate Loss of Earnings Multiplier for an Injured Claimant: Mitigation of Loss - Gordon Exall, Zenith Chambers & Hardwicke

Loss of Earnings: the Appropriate Loss of Earnings Multiplier for an Injured Claimant: Mitigation of Loss - Gordon Exall, Zenith Chambers & Hardwicke

05/04/16. It is always interesting to look at those cases where the judge decides on loss of earnings. In   Syred -v- Powszecnny Zaklad Ubezpieczen (PZU) SA [2016] EWHC 254 (QB...

Clean Air: A Claim Under Article 1? - Ian Miller, 1 Chancery Lane

Clean Air: A Claim Under Article 1? - Ian Miller, 1 Chancery Lane

In February 2013 nine-year-old Ella Kissi-Debrah from Hither Green in South London died after suffering a severe asthma attack. “Can the courts be used to establish that we have...

The Decision in Parker v Butler [2016] EWHC 1251: The Applicability of QOCS to Appeals - Craig Fisher, 7 Harrington Street Chambers

The Decision in Parker v Butler [2016] EWHC 1251: The Applicability of QOCS to Appeals - Craig Fisher, 7 Harrington Street Chambers

17/06/16. Parker v Butler started life as a fairly unremarkable road traffic collision on the M18/M180 roundabout that occurred on 10 April 2013, and fell into that all too commo...

QOCS: Applies to Appeals? - Thomas Crockett, 1 Chancery Lane

QOCS: Applies to Appeals? - Thomas Crockett, 1 Chancery Lane

06/06/16. Qualified One-way Costs Shifting: does it apply to appeals? Yes, according to Edis J in Parker v Butler [2016] EWHC 1251 (QB), who held:

3. If (as is likely to be the...

Editorial: Further Reflections on Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

Editorial: Further Reflections on Fundamental Dishonesty - Aidan Ellis, Temple Garden Chambers

27/05/16. It is well known that pursuant to QOWCS, the circumstances in which a Defendant can enforce its costs against an unsuccessful Claimant are limited. One exception applie...

Update From North of the Border: Class Actions - Sarah Donaldson, Lauren Pasi & Lewis Clark, Brodies LLP

Update From North of the Border: Class Actions - Sarah Donaldson, Lauren Pasi & Lewis Clark, Brodies LLP

21/05/16. Many readers will be familiar with the concept of a ‘class action’ thanks to Julia Roberts and John Travolta, and their starring roles in 90s hit films Erin Brockovich and...

Heneghan v Manchester Ship Canal; Heads I Win, Tails You Lose? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

Heneghan v Manchester Ship Canal; Heads I Win, Tails You Lose? - Charles Feeny & Sammy Nanneh, Contributing Editors at Pro-Vide Law

18/05/16. Following the Fairchild 1 decisions, Defendants and insurers feared the extension of the modified test of causation to lung cancer claims. This was a real concern because ...

Case Note: Rai v Ministry of Defence; judgment of 9 May 2016; High Court (QB) Middlesbrough District Registry; HHJ Gargan - Philip Mead, Old Square Chambers

Case Note: Rai v Ministry of Defence; judgment of 9 May 2016; High Court (QB) Middlesbrough District Registry; HHJ Gargan - Philip Mead, Old Square Chambers

17/05/16. Facts: employer’s liability claim. Claimant suffered a head injury during the course of training when kicked by a horse. Accident happened in Alberta, Canada. The train...

PI Practitioner, May 2016

PI Practitioner, May 2016

16/05/16. 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...

Changes to the Civil Procedure Rules Relating to Costs: April 2016 - Stephane Osborne, MRN Solicitors

Changes to the Civil Procedure Rules Relating to Costs: April 2016 - Stephane Osborne, MRN Solicitors

15/05/16. As is often the case these days another Civil Procedure Rule update has brought another change to the rules concerning costs. The statutory instrument containing the am...

Paying the (Full) Price? Underpaid Fees and Limitation Periods - Simon Murray, 1 Chancery Lane

Paying the (Full) Price? Underpaid Fees and Limitation Periods - Simon Murray, 1 Chancery Lane

12/05/16. If you pay less than the appropriate fee when issuing your claim before the expiry of the limitation period is your claim in time? Or do you pay the price by being stat...

Cost Budgets: Rule Changes - Roderick Abbott, 1 Chancery Lane

Cost Budgets: Rule Changes - Roderick Abbott, 1 Chancery Lane

08/05/16. Changes to the CPR coming into force today alter the rules relating to cost budgets. In cases with a stated value of over £50,000 all parties except litigants in person...

Top Tips on How to Avoid Missing a Subtle Brain Injury - Rose Gibson, Simpson Millar LLP

Top Tips on How to Avoid Missing a Subtle Brain Injury - Rose Gibson, Simpson Millar LLP

06/05/16. As many law firms engaged in personal injury practice attempt streamline the lower value work, it is still vital that even junior staff are properly trained to spot the...

Knauer: Supreme Court Allows Appeal: Multiplier Runs From Date of Trial - Gordon Exall, Zenith Chambers & Hardwicke

Knauer: Supreme Court Allows Appeal: Multiplier Runs From Date of Trial - Gordon Exall, Zenith Chambers & Hardwicke

02/05/16.   The Supreme Court gave judgment in  Knauer -v- Ministry [2016] UKSC 9. The court allowed the appeal.  The multiplier in a fatal accident case now runs fro...

The Assignment of Conditional Fee Agreements - Christopher Mcclure, John M Hayes

The Assignment of Conditional Fee Agreements - Christopher Mcclure, John M Hayes

26/04/16. The question of whether a conditional fee agreement (“CFA”) can be the subject of a valid assignment is one which has ignited much debate since April 2013. To understan...

The Risks Posed by the Internet of Things - Daniel West, BLM

The Risks Posed by the Internet of Things - Daniel West, BLM

19/04/16. A new era of connectivity within households, vehicles and smart phones is upon us and the benefits and risks of the ‘Internet of Things’ (the interconnection of multipl...

Liability Implications of Driverless Cars - Lucy McCormick, Henderson Chambers

Liability Implications of Driverless Cars - Lucy McCormick, Henderson Chambers

18/04/16. On Valentine’s Day 2016, a ‘Google Car’ in California struck the side of a bus. This was a historic event: the first time that a self-driving car has caused a crash. Th...

The '£400 Club' Loses Its First Battle - Andrew Cullen, Barrister

The '£400 Club' Loses Its First Battle - Andrew Cullen, Barrister

17/04/16. The first-instance judgment of District Judge Phillips sitting in Cardiff last month in Iqbal & EUI Ltd vs Leake & JC&A Solicitors; Smith & EUI Ltd vs Na...

PI Practitioner, April 2016

PI Practitioner, April 2016

16/04/16. 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...

Foreign Law in the English Courts - Matthew Chapman, 1 Chancery Lane

Foreign Law in the English Courts - Matthew Chapman, 1 Chancery Lane

09/04/16. A number of the English lawyers who conduct PI litigation in cross-border cases have warned that the full implications of the Rome II Regulation (864/2007) – and the im...

Rollinson v Dudley Metropolitan District Council [2015] EWHC 3330 - Jack McCracken, Ropewalk Chambers

Rollinson v Dudley Metropolitan District Council [2015] EWHC 3330 - Jack McCracken, Ropewalk Chambers

08/04/16. The judgment of Haddon-Cave J in Rollinson v Dudley Metropolitan District Council [2015] EWHC 3330 , stands as authority for the proposition that the duty to maintain the h...