This site uses cookies.
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 Der...

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 se...

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 ...

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...

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 ...

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...

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...

Litigation Tactics - Andrew Mckie, Clerksroom

Litigation Tactics - Andrew Mckie, Clerksroom

23/03/15. It is arguable that the Witness Statement is likely to be the most important document in the entire case for both the Claimant and the Defendant. It may be argued that ...

Protecting the Public Purse: Fighting Fraud Against Local Authorities - Jonathan Collins & Fiona James & Denise Brosnan & Arun Chauhan, DWF

Protecting the Public Purse: Fighting Fraud Against Local Authorities - Jonathan Collins & Fiona James & Denise Brosnan & Arun Chauhan, DWF

22/03/15. The team examines the recently published report by the Audit Commission “Protecting the Public Purse 2014: fighting fraud against local government” and draw out the key...

Vehicle Related Damages, Credit Hire and Taxi Claims - Andrew Mckie, Clerksroom

Vehicle Related Damages, Credit Hire and Taxi Claims - Andrew Mckie, Clerksroom

21/03/15. For any fee earners dealing with RTA claims, one of the most important areas is vehicle related damages and taxi claims. This area of practice will often form one of th...

Club, Cardiologist and an Avoidable Tragedy - Laurence Vick, Michelmores

Club, Cardiologist and an Avoidable Tragedy - Laurence Vick, Michelmores

19/03/15. The recent High Court judgment in favour of Rad Hamed, the 'extremely gifted and dedicated' young footballer who suffered a cardiac arrest and devastating brain damage ...

A Confusing Approach to Basic Hire Rates - Richard Wilcock, Palmyra Chambers

A Confusing Approach to Basic Hire Rates - Richard Wilcock, Palmyra Chambers

18/13/15. On the 3rd March 2015, the Court of Appeal delivered the latest assault on credit hire litigation in Stevens v Equity Syndicate Management Ltd. The Judgment delivered by ...

Latest Portal Company Data Shows Trends Which Are Not Easy to Ignore - Simon Denyer, DWF

Latest Portal Company Data Shows Trends Which Are Not Easy to Ignore - Simon Denyer, DWF

16/03/15. February's data from the Portal Company seems to confirm the view that the reductions in the number of new claims which we had seen to all 4 of the portals over the las...

A Stark Reminder to Comply: Cox v Woodlands Manor Care Home Ltd [2015] (Unreported) - Johanne Johnston, John M Hayes

A Stark Reminder to Comply: Cox v Woodlands Manor Care Home Ltd [2015] (Unreported) - Johanne Johnston, John M Hayes

16/03/15. This case was heard in the Court of Appeal in January 2015 when the Cancellation of Contracts made in the Consumer’s Home or Workplace etc. Regulations 2008 were put in...

Beat The QOCS: Costs in Personal Injury Claims Following Jackson - Patrick West, St John's Chambers

Beat The QOCS: Costs in Personal Injury Claims Following Jackson - Patrick West, St John's Chambers

15/03/15. Patrick West looks at the growing impact of one of the most important costs consequences of the Jackson reforms and what it means for Claimants and Defendants seeking t...

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...

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...

The Enterprise and Regulatory Reform Act 2013: Good News for the Public Sector? - Sue Howes & Paul Donnelly, DWF

The Enterprise and Regulatory Reform Act 2013: Good News for the Public Sector? - Sue Howes & Paul Donnelly, DWF

18/03/15. Balancing the burden of health and safety legislation, whilst maintaining progress in health and safety outcomes is an ongoing challenge for the all businesses and the ...

PI Practitioner, March 2015

PI Practitioner, March 2015

16/03/15. 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...

Part 36 Continues It’s Perilous Journey - Gary Beazleigh, Plexus Law

Part 36 Continues It’s Perilous Journey - Gary Beazleigh, Plexus Law

14/03/15. The confusion surrounding Part 36 has been challenging for practitioners wading through the negotiation process for some time. In an attempt to introduce further clarit...

Loss of Future Earning Capacity: the Ogden Approach - Caroline Hickerton, DWF

Loss of Future Earning Capacity: the Ogden Approach - Caroline Hickerton, DWF

14/03/15. In Billett v Ministry of Defence (2014) the High Court had to assess a claim for future loss of earnings. In doing so, Andrew Edis QC considered how to apply, if at all, ...

Choosing Your Ground: Early Prevention, the Employment Tribunal and Injuctions in Stress at Work Claims - Liam Ryan, Ely Place Chambers

Choosing Your Ground: Early Prevention, the Employment Tribunal and Injuctions in Stress at Work Claims - Liam Ryan, Ely Place Chambers

13/03/15.  Liam Ryan considers the impact the Equality Act 2010 can have in cases of Stress at Work cases, namely in pre-empting, strengthening and preventing claims. He als...

Karl Stevens v Equity Syndicate Management Limited: Counsel’s Briefing Note - Steven Turner, Park Lane Plowden Chambers

Karl Stevens v Equity Syndicate Management Limited: Counsel’s Briefing Note - Steven Turner, Park Lane Plowden Chambers

11/03/15. Steven Turner, Counsel for the Respondent in this groundbreaking case, gives his analysis of the Court of Appeal decision. On 26th February 2015, the Court of Appe...